The rule of privity in legal malpractice is very strong.  It exists as a "bright line" that admits of few exceptions. One recent anomaly is that of decedents, estates and standing.  In an article from today’s NYLJ. Raymond Radigan and Jennifer F. Hillman,  write the following:

"In a significant decision this summer, Schneider v. …

Bumpus v New York City Tr. Auth. ;2009 NY Slip Op 05737 [66 AD3d 26] ;July 7, 2009 ;Dillon, J., J. discusses what to do when the defendant can’t be identified, or served within a 120 day period.  On Wednesday we discussed the first two options: making a motion after the 120 days have…

One frequently sees an argument made in motions to dismiss pursuant to CPLR 3211 (multiple sub-divisions) in which evidentiary material is submitted by defendant, and it is argued that damages cannot be ascertained or proven.

In Simpson v Alter ;2010 NY Slip Op 08089 ;Decided on November 9, 2010 ;Appellate Division, Second Department  the…

Over the years, the rules of service of process have changed.  Once, long ago, a case was commenced when defendants were served with a summons and complaint and an index number was purchased only when necessary.  Later, in 1992 a commencement by index number rule started, and questions of service then arose.  Under CPLR 306-b…

What happens when Judges hire attorneys to litigate election law matters?  The same thing that happens when ordinary people litigate.  Some litigations end in legal malpractice cases.  That is true of Simpson v Alter ; 2010 NY Slip Op 08089 ; Decided on November 9, 2010 ;Appellate Division, Second Department.   

In this follow up to…

This case cuts to the center of a legal malpractice case, nicely illustrating the difference between legal malpractice and all other disciplines.  Greene v Sager ; 2010 NY Slip Op 08068 ; Decided on November 9, 2010 ;Appellate Division, Second Department  is a twin story.  First the mistake by the attorney:  "The defendants were retained…

Attorneys care about their clients.  Attorneys work hard and have reasons to perform good work.  Attorneys make mistakes, and have high case loads.  Attorneys have their own interests at heart. 

These are contradictory thoughts that cannot be reconciled.  Here, in the story of Richard F. Gluszak we see some of the contradictory story-lines.  "The Grievance…

Practitioners are supposed to know not only how to gain a client, but how to settle a case without causing collateral damage.  One such trap, though well known, open and obvious, is the settlement of tort actions when plaintiff has been awarded Workers’ Compensation benefits.  In short, before settling a tort action where plaintiff has…