Reisner v. Litman & Litman PC is a motorcycle – car collision case in which plaintiff was driving his motorcycle in Nassau County. He was driving on a road that had become known to be dangerous.  At this particular intersection there had been a large number of turning left accidents, which later was said to be…

A series of loans, a single attorney in the transactions, a failure to file the mortgage, a defense that the clients should have filed the mortgage themselves, a loss of $ 750,000.  How can this happen to sophisticated lenders?

The question is not exactly answered, but the picture that emerges from Brija v. Fernandez …

The rapid transferring back and forth of rights and liabilities, through assignments, factoring and bankruptcy is highlighted in Maggioni v Clyde Meredith Schaefer, Esq., NY SlipOp 32544 [Sup.Ct. New York County, Wooten. J]   

Apparently IFT International Inc. was a worthwhile football.  It and its assets bounced back and forth between Bankruptcy Court and Supreme Court, with…

Gatto v Burke & Burke, NY Slip Op 32511, Nassau County, Justice Bucaria illustrates a two part transactional represent ion by attorneys of the clients in a  business sale case.  Facts are simple:  plaintiff sells restaurant to X and uses target attorneys as transactional counsel.  Sale documents do not have a security interest for Plaintiff-seller. …

An attorney must carefully and assiduously guard his client’s confidences, secrets and communications with the attorney.  This remains true until the attorney has to defend himself.  Must this defense be to criminal charges, or to ethical charges only?  The answer is set forth in a recently decided case in the First Department.Hélie v McDermott, …

We have commented about the Collateral Estoppel trap in legal malpractice with regard to fee arbitrations and hearings. in short, when a court grants an attorney fee application, it implicitly determines that there can have been no malpractice, as the court may not award fees in the face of malpractice. Fee arbitrations and hearings in…

An interesting phenomenon in legal malpractice is the persistence of errors in a long series of otherwise isolated incidents.  DiGiacomo v Levine ;2010 NY Slip Op 06566 ; Decided on September 14, 2010 ; Appellate Division, Second Department illustrates how this hoppers.
 

Auto accident takes place and clients hire attorney 1.  Attorney 1…

Ripeness and mootness are two concepts not all that readily associated with litigation.  If a case exists, it should be ready to adjudicate, no?  If someone has been damaged, then the case cannot be moot?  We see one such example in GREENSTREET FINANCIAL, L.P., -against- CS-GRACES, LLC, et al., Defendants. CS-GRACES, LLC, et al.,07 Civ.