Boone v Bender ;2010 NY Slip Op 05497 ;Decided on June 22, 2010 ;Appellate Division, Second Department is a matrimonial legal malpractice case. The Appellate Division decision does not shed much light on the allegations in the complaint.
Often, matrimonial legal malpractice cases rest on failures in investigation of the other spouses’ finances…
The recent decision in Gucci America Inc. v. Guess? Inc., doesn’t answer the legal malpractice question, but it does answer the privilege question. Here’s the back story from Noeleen Walder at the New York Law Journal:
"Mr. Moss, a graduate of Fordham University School of Law, passed the California bar exam in 1993 but…
In 601 Realty Corp. v Conway, Farrell, Curtin & Kelly, P.C. ;2010 NY Slip Op 05538 ;Decided on June 22, 2010 ;Appellate Division, Second Department we see the case continuing, with some rough edges removed. Conway Farrell used to be a big legal malpractice defense firm, until it split off. Now it is being defended…
The answer is yes, it can. in Kram Knarf, LLC v Djonovic ;2010 NY Slip Op 05464 ;Decided on June 22, 2010 ;Appellate Division, First Department we see the following explanation:
"Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every possible favorable inference (see Leon v…
In legal malpractice litigation there is a holy triumvirate of causes of action. In general, they are ranked in this order: legal malpractice, breach of fiduciary duty, and breach of contract. There is a well known principal that if duplicative, there must be dismissal of some of these causes of action.
Today’s New York Law Journal reports as news, and the Appellate Division, First Department reports as law a decision in McCagg v Schulte Roth & Zabel LLP ;2010 NY Slip Op 05463
Decided on June 22, 2010 ;Appellate Division, First Department an unusual case in which it is alleged that a law firm aided…
The Law sites are consistently filled with stories of partners leaving firm A for firm B, and sometimes taking assoicates with them. Law firms fold and are re-cast as new firms. How does this restelss movement affect legal malpractice clients?
In The New Kayak Pool Corp. v Kavinoky Cook Llp ;2010 NY Slip Op 05176…
This legal malpractice case has been active for 21 years, and dates from the Club dominated 1980’s. Plaintiff is a model-actor-club owner who has had a $ 1.25 million judgment from what is described as an accident. "In December 1988, non-party David W. Ross ("Ross") allegedly had an accident and sustained injuries at the World…
It’s usually the Court of Appeals which issues a game changing decision, which sets stare decisis on its ear. From time immemorial, the question of privity has predominated the estate legal malpractice area. In essence, is the estate in privity with the attorney who set up the estate? Mostly the answer was no. Now, we…
We think the legal malpractice after a medical malpractice case is amongst the most difficult. In order to proceed, the attorney must be well versed in both fields, and must understand the psychological set up necessary to succeed. In our view, the psychological set up is that most courts are wary of medical malpractice cases…
