When one reads a decision in a pro-se legal malpractice case strange facts often emerge.  Aponte v. City of New York Department of Corrections et al.,09-2634-cv UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;010 U.S. App. LEXIS 9988 is no exception. 

Plaintiff has been litigating this case, in various forms, for a number…

In Berry v Utica Natl. Ins. Group ;2009 NY Slip Op 06935 ; Appellate Division, Fourth Department we see a situation in which plaintiff was suing Utica National Insurance Group and evidently there was communication between plaintiff and the defendant law firm. "evidence that plaintiff contacted defendant concerning his dispute with Utica National does not establish…

The general rule is that one may not sue an attorney, unless that attorney was working for you. Privity is the concept that the attorney was hired by you, and worked for you. You may not sue the other party’s attorney, no matter how badly you were treated in court by that attorney.

As in…

For those who grew up in the shadow of WWII, the Nazis were a foreboding presence.  The war was over for the parents, and children learned of the war, the atrocities and the aftermath.  For the family in this case, Matter of Jacobsen ;2010 NY Slip Op 50816(U) ;Decided on May 10, 2010
Sur…

We think there is no more difficult case in litigation than a legal malpractice action arising from a medical malpractice case.  The issues of proximity and "but for" multiply and boggle the mind.  One needs a medical expert as well as a legal expert, and while having to prove the causation in a medical malpractice…

Sometimes, the highest court in the State answers the questions, and sometimes its the lowly Civil Court.  In Kushner v Eliopulos ;2010 NY Slip Op 50798(U) ;Decided on May 3, 2010 ;Civil Court Of The City Of New York, Kings County ;Fisher, J. we see a comprehensive decision setting forth all aspects of attorney-client…

It is said that problems, or bad things, come in threes.  In this example, the client lost a contract action, in which he had good counterclaims, because of his attorney’s failures.  Plaintiff then sues the attorney, and in Benson Park Assoc., LLC v Herman ;2010 NY Slip Op 03847 ;Decided on May 6, 2010 ;Appellate Division, First Department  the defendant attorney defaulted on an answer.  Then, the attorney for defendant apparently defaulted on the motion for partial summary judgment itself.
"In the underlying action, defendant failed timely to file an answer on behalf of plaintiff, and a default judgment was entered against it (Mega Constr. Corp. v Benson Park Assoc. LLC, 60 AD3d 826 [2d Dept 2009]).

A party seeking to vacate a judgment on the basis of excusable default must demonstrate both a reasonable excuse and a meritorious defense (Mutual Mar. Off., Inc. v Joy Const. Corp., 39 AD3d 417, 419 [2007]). The court properly denied defendant’s third request for an adjournment of plaintiff’s motion for
partial summary judgment (see Matter of Desmond K. v Kevin K., 59 AD3d 240 [2009], lv denied 12 NY3d 711 [2009]; Treppeda v Treppeda, 212 AD2d 592 [1995]). While in support of the motion to vacate the default, defendant claimed that he had had a "previously scheduled engagement," he offered nothing to substantiate this claim. Moreover, at no time after the motion for partial summary judgment was submitted did defendant seek leave to submit opposition. In addition, defendant failed to offer a meritorious defense to the malpractice claim, other than to question the amount of damages. "

Continue Reading Problem after Problem in Legal Malpractice Litigation

It is an anachronism in New York practice that there is no specific time in which to name an expert.  While the 3d and 4th departments have rules that derive from case law [and not specifically, the CPLR], the 1st and 2d Departments are much looser.  In general, a "reasonable time" period obtains.  There are…