There are conflicting rules in the 4 departments of New York. In legal malpractice, it is plaintiff’s obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. In the First Department, it is an affirmitive defense for defendant to prove.
Here is a…
The Curtis law firm bills itself as "the only law firm[s] in the United States" to concentrate their practice on "representing clients injured by attorneys." In this US District Court case we see legal malpractice attorneys suing legal malpractice attorneys under a very unconventional theory of law.
Leviton Manufacturing is a huge manufacturer of electrical and electronic items, and regularly patents new inventions. Here, in LEVITON MFG. CO., INC., -against- GREENBERG TRAURIG LLP, et al.,09 Civ. 8083 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2010 U.S. Dist. LEXIS 12884;9 ( December 6, 2010) Magistrate Judge Katz decides whether successor attorneys may…
Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried NEW YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots. These spots included Paris…
The economy stalls, the stock market falls, big investment schemes become exposed, and huge real estate projects run into problems. This weekend’sNY Times discussed how big name real estate players can run into problems, but it is the investors who lose the money. Here, in GSO RE Onshore LLC v Sapir ;2010 NY…
Criminal defense legal malpractice cases are so rare that the 4th Department found but a single case to discuss in the decision in Dombrowski v Bulson ;2010 NY Slip Op 09625 ; Decided on December 30, 2010 ;Appellate Division, Fourth Department . Plaintiff was convicted, lost on appeal, argued ineffective assistance of counsel, lost…
In an otherwise garden or varietal attorney fee dispute with a legal malpractice defense, we ran across the "French Person" defense to attorney fees for the first time. Justice Gische, in Singer v Adler ;2010 NY Slip Op 33439(U); December 13, 2010; Sup Ct, NY County gave it short shrift.
"This action is based…
Irony has little place in litigation, yet it abounds. In Perez-Faringer v Heilman ; 2010 NY Slip Op 09238 ; Decided on December 14, 2010 ; Appellate Division, Second Department plaintiff, pro-se in the action below, and in the appeal, has had the action dismissed, for the mere and easily avoidable failure to serve a complaint…
While the guiding principals are clear and unambiguous, the facts and calculations underlying this matrimonial legal malpractice case are daunting. Holding companies, general partners, intra-company transfers, straw-men and the like make the financial analysis difficult.
Justice Ramos, in TPR Inv. Assoc., Inc. v Fischer; 2010 NY Slip Op 33370(U); December 9, 2010; Supreme Court, New…
This holiday week, swept with snow and high winds, brings a case which re-emphasizes our meme that legal malpractice may show up anywhere attorneys are at work. Here in Country Club Partners, LLC v Goldman ; 2010 NY Slip Op 09309 ; Decided on December 16, 2010 ; Appellate Division, Third Department we see an…
