Its a most unusual case, and one rarely sees a law firm in Bankruptcy. IN RE: THE LAW FIRM OF FRANK R. BAYGER, P.C., Debtor.09-CV-735A;UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK;2010 U.S. Dist. LEXIS 51537;May 24, 2010, illustrates how tenacious a legal malpractice plaintiff may be.
"The events underlying the…
Reading the decision in a case like this requires both a score card and a play diagram. In LZG Realty LLC v H.D.W. 2005 Forest LLC ;2010 NY Slip Op 50958(U) ; Decided on May 28, 2010
Supreme Court, Richmond County ; McMahon, J. a series of real estate transactions led to mortgages…
In Reiver v Burkhart Wexler & Hirschberg, LLP ; 2010 NY Slip Op 04565 ; Decided on May 25, 2010 ; Appellate Division, Second Department we see the Appellate Division reversing dismissal of a legal malpractice action under CPLR 3211.
The rules of CPLR 3211 motions are as well known to the parties and…
An oft repeated mistake in NY litigation, especially in NYC litigation is that of the leave to file a late notice of claim index number trap. Put in short, plaintiff successfully seeks leave to file a late notice of claim, and then, using the same index number, files a summons and complaint against the governmental…
Plaintiff is a Czech national, married to a US citizen. Matrimonial litigation takes place here in NY, and an allegation is made that the husband fraudulently denied the existence of a child, avoided child support issues, and in general, lied. Plaintiff, wife, had several attorneys, and alleges that she was shuttled between attorneys, one hiring the…
Reported in today’s NYLJ, we see the tragic story of an arrest, an attorney who does little or nothing, a conviction and a world turned upside down. Plaintiff obtains reversal and acquittal, thus demonstrating "actual innocence." Glassman v. Blau is Referee Doyle’s decision on damages.
"Defendant, an attorney, represented plaintiff in a criminal proceeding in…
Sometimes one reads a decision not knowing whether the court will dismiss or not dismiss. Sometimes, the question is whether the attorney’s acts amount to legal malpractice or breach of fiduciary duty. Here, the Court points out exactly how it perceives the case. In B&R Consol LLC v. Powell we see the story of…
Dupree v. Vorhees, 68 AD3d 807, remains an interesting case. Traditionally this type of case has been out of bounds. For policy reasons, courts do not like suits against your adversary’s attorney…they might come after every case if allowed. Here, however, after the Judiciary Law 487 claims were initially dismissed,, continued to…
Depositions usually are scheduled and taken without undue turmoil. Recent changes to the rules concerning the behavior of counsel at depositions have further regulated the proceedings. Counsel may no longer make talking objections, may not direct their client not to answer, except in rare circumstances, and must be polite. We’ve not heard of any more…
What is a question of judgment, what is neglect of a case and what is ignorance of the rules in legal malpractice? Sometimes this is an easy question, other times, slightly more complex. in MCCORD -v.- O’NEILL,; No. 08-3096-cv ; Summary Order; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2010 U.S. App. LEXIS 5139…
