At the outset, we find that the Supreme Court improvidently exercised its discretion in, sua sponte, directing dismissal of the complaint insofar as asserted against the Meighan defendants pursuant to CPLR 3211(a)(4) in view of the continued pendency of the first legal malpractice action against those defendants, which relief was not requested by any party
Legal Malpractice News
A Pro-se Legal Malpractice Case Falters
Tsafatinos v Wilson Elser Moskowitz Edelman & Dicker, LLP ;2010 NY Slip Op 06085 ;decided on July 13, 2010 ;Appellate Division, Second Department is short on details as to how and why the legal malpractice case was filed on a date the Appellate Division determined to be too late. The rules, however, are clear:
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A Bad-good Result is not Legal Malpractice
Justice Gische, of Supreme Court, New York County has written a number of legal malpractice decisions over the years. One recently decided is Kleinser v Astarita NY Slip Op 31675U.
Here, plaintiff was a trader and employee of Rockrimon Securities. He was fired by them and sued. The case was litigated before Justice Ramos. At…
Its Not Legal Malpractice or Attorney Fees, But the Priniciple is the Samem
Justice Goodman of Supreme Court, New York County has a caseload full of legal malpractice cases. Here is an accounting malpractice case coming as a counterclaim for accounting fees, but the idea is just the same. In Perelson Weiner, LLP v Allison 06/29/2010 Supreme Court, New York County, Goodman, J. the claim was that client…
Judgment and Legal Malpractice
LOK PRAKASHAN, LTD. -v.- RALPH A. BERMAN, DAVIDOFF MALITO & HUTCHER, LLP,
No. 09-0136-cv; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 22988 is an example of the Court’s continued romance with the concept that litigation is an art and not a science.
What is a question of judgment? " "A…
Attorney Fees, Termination for Cause and Legal Malpractice
Fees and Attorneys seem to be a dyad that never stops recurring. More correctly put, disputes about fees and attorneys have been here forever. we’re certain that the bible contains some commentary, and we do know that Abraham Lincoln had attorney fee cases in his docket. Here is a decision from Judge Scheindlin on the…
Winning the Legal Malpractice Case, Losing the War
In this most simple of legal malpractice cases, plaintiff was the victim of a rear-end Motor Vehicle accident. She retained attorney who failed to bring the action within the statute of limitations. Plaintiff sues attorney and settles for $ 50,000. which was the amount of the underlying car insurance. She is said to have sought…
Legal Malpractice in Russia and Here
One theme of this blog is that where ever attorneys represent clients [all over] there will be legal malpractice claims. GUS Consulting GMBH v Chadbourne & Parke LLP ;2010 NY Slip Op 05672 ;Decided on June 24, 2010 ;Appellate Division, First Department is a prime example. This case involves the Russian Tax Police, gas…
Is 30 Hours Enough Time for Legal Malpractice
A common and recognized mistake resulting in legal malpractice is the double use of an index number. in Wilk v Lewis & Lewis, P.C. ;2010 NY Slip Op 05897 ;Decided on July 2, 2010 ;Appellate Division, Fourth Department the index number came from an earl er pre-complaint discovery motion. It might also come in…
Bankruptcy, Standing and Legal Malpractice
What partners will do to each other continues to amaze. here, in Rock City Sound, Inc. v Bashian & Farber, LLP ;2010 NY Slip Op 05533 ;Decided on June 22, 2010 ;Appellate Division, Second Department. here, "A dispute arose between Kalish and Lindsay as to the Established Value of Kalish’s shares, and in August…