We recently reported on this Case in SDNY, captioned STONEWELL CORP., and RICHARD GLADSTONE, Plaintiffs, -against- CONESTOGA TITLE INSURANCE CO., WILLIAM KOLSHORN, and JERSEYSEARCH TITLE SERVICES, INC., Defendants. – as consolidated with – CONESTOGA TITLE INSURANCE CO., WILLIAM KOLSHORN, and JERSEYSEARCH TITLE SERVICES, INC.,
As is common in Federal District Court cases, there…
It’s fairly rare for defendant-attorney to move for summary judgment in a legal malpractice case, lose, and then lose at appeal. Why do defendants move for summary judgment ? Beyond the obvious answer that it is a shot that they can take without any downside, the general reason is that defendant believes that it can…
Legal Malpractice is family to its cousin, Medical Malpractice. In either situation, a person has put faith in a professional, asking that a threatening problem be solved. It matters little to the client/patient whether the situation is an operation or a trial. in either, the problem is overwhelming and threatening. What happens when something goes…
Infant Plaintiff is injured in a paper shredder, and goes to attorney 1. Attorney 1, who wisely understands that he lacks the special expertise to handle the case correctly in US District Court hands case off to Attorney 2. After a while attorney 2 speaks to a law firm even more experienced, and they together bring…
Some states have mandatory legal malpractice insurance, but New York does not. Result? Plaintiffs who have suffered real damages at the hands of uninsured attorneys pursue them, and cannot collect their actual damages from the attorneys. Here is one sad example. Matter of Jobi
2010 NY Slip Op 01704 ;Decided on March 2, 2010 ;Appellate…
Legal malpractice seems to exist across the board everywhere an attorney interacts with a client. Like the New Yorker cartoon showing a 5 year old who has dropped an ice cream cone, with an adult standing above and asking "Do you need an attorney?" we see legal malpractice cases stitched in all settings.
Here in…
We are reminded yet again that the statute of limitations starts to run in legal malpractice on the day that the mistake is made. It’s not the day that you realize that a mistake was made. This issue arises mostly in transactional representations, such as the lease in this case. When there is litigation, then…
In Seaview Mezzanine Fund, LP v. LoPresti, 2010 NY Slip Op 30350(U), decided by Justice York on February 18, 2010, in New York County, we see a well written explanation of several basic principals. In this case a review of releases, of contract interpretation and the difference between a CPLR 3211(a)(7) and a CPLR 3211(a)(1)…
This week brings a decision in SHEEHY,v. NEW CENTURY MORTGAGE CORP., ET AL., No. 08-CV-377 (JFB) (MLO);UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK;2010 U.S. Dist. LEXIS 15201, We have noted a trend in legal malpractice cases involving allegaions of breach of fiduciary duty. Here is another one.
From the decision:…
It’s a rare phenominom, but in this case the Second Department took another look at a case, and significantly changed its decision regarding legal malpractice. in Uzzle v Nunzie Ct. Homeowners Assn., Inc. ;2010 NY Slip Op 01476 ;Decided on February 16, 2010 ;Appellate Division, Second Department under 2008 NY Slip Op 7905, the AD…
