Today, we continue the story of the legal malpractice law suit against the LaRossa law firm. In Landau, P.C. v LaRossa, Mitchell & Ross ;2010 NY Slip Op 50620(U) ;Decided on April 7, 2010 ;Supreme Court, New York County ;Schlesinger, J.

Two interesting issues are discussed.  The first is whether an expert affidavit is needed…

Morris Eisen was a huge figure in the personal injury law sector.  As the Sun King of PI attorneys, Eisen could truthfully say "Le etat ce moi!" His firm had a full floor at the Woolworth Building, and early every morning, breakfast was served there.  Anything from 10-30 trial attorneys assembled and were given new…

The matter of  Steinberg v. Schnapp, 2010 NY SlipOp 02991 relates the story of three lawyers, all of whom labored over a decedent’s estate, and how the triumvirate fell apart.  Steinberg and Schnapp were retained to handle the estate by the executor who in this case was the third attorney.  Things fell apart rapidly, and…

Legal Malpractice and immigration cases are a rare fit.  Practitioners in legal malpractice get lots of calls about immigration malpractice, but the elements and the parties rarely line up.  Often if there is a good liability case, the client is no longer in the US.  If the client is available, there is little evidence of…

We continue from yesterday in an examination of the statute of limitations in legal malpractice.  It’s three years, pursuant to CPLR 214(6). It is a "bright line" rule,  but it can have exceptions. Beyond the exceptions there is always a question as to when the statute begins to run. For example, there is a line of…

The statute of limitations in legal malpractice in NY is three years, pursuant to CPLR 214(6).  It is a "bright line" rule, and can be both harsh and unbending.  There are exceptions, and there are question as to when the statute  begins to run.  A recent US District Court case, in Southern District of New…

Sometimes a court opinion sets forth a grand landscape of the facts, the law, and public policy.  These cases are revered forever. They are studied in law school, and provide fodder for generations of law students.  We may not remember the names of the cases, but they remain in memory as mileposts.  The folding box case…

Today we report on a recent US District Court case, in Southern District of New York, authored by Judge Sullivan  which has an excellent discussion of the traditional rule, of continuous representation,  the origins of the rule and its relation to the continuous treatment concept of medical malpractice.  Transactional legal work such as drafting of contracts, preparing wills…