In Yakubov v Borukhov we see a common fact pattern. It consists of an early event followed by litigation, bad outcome, and a look back, in legal malpractice, at the original attorney from years before.
Here the sequence is: Real estate contract which was to allow plaintiff to subdivide property. Seller balks, and Plaintiff-buyer litigates…
How does an attorney prove negligence in a trip & fall case? Failures in such proof provide a steady steam of legal malpractice inquiies, and fuel much plaintiff suspicion that the law is either not fair, or that their attorney could have done a better job.
In Grazidei v. Mezeny Inc., 4903/07; Decided: February 9…
A common law retaining lien entitles the outgoing attorney to retain all papers, securities, or money belonging to the client that came into the attorney’s possession in the course of representation, as security for payment of attorney’s fees. Arising from Judiciary Law 475, it is enforceable only by retention of the items themselves and is…
Unions provide attorneys and legal coverage for their members. Sometimes employers provide attorneys for their employees. Do they have legal malpractice responsibility to the member-employee ? Does the attorney have a legal malpractice responsibility to the client, in the absence of privity? Some answers are set forth in NADA, -against- 1199 SEIU HEALTH CARE EMPLOYEES UNION…
Once, the Corning glass works were a behemoth in upstate New York. World class, cutting edge [no pun], and hugely successful, ownership of Corning stock was both a good investment and an emblem of upstate NY industriousness. This case, Matter of Hsbc Bank U.S.A. v Jesse T. Littleton, 2010 NY Slip Op 01099…
When one starts to read a case, and the plaintiff is pro-se, look out for common mistakes within. In Williams v Bushman ;2010 NY Slip Op 00840 ;Decided on February 2, 2010 ;Appellate Division, Second Department we see at least two. Here is the story line:
"The plaintiff, Nathaniel N. Williams, retained the…
Courts are closed today and on Monday for the President’s weekend. Nevertheless, today we present an Appellate Term case on the interplay of fee dispute arbitration and legal malpractice.
Calabro & Assoc., P.C. v Katz ;2010 NY Slip Op 50192(U) ;Decided on February 9, 2010 ; Appellate Term, First Department . This was a…
Actually we’re a little shocked at the facts of this matrimonial action involving Thomas Liotti. in Coccia v Liotti ;2010 NY Slip Op 00917 ; Decided on February 9, 2010 ; Appellate Division, Second Department we see some very unusual language from the Appellate Division. Beyond reinstating [or more correctly put, modifying] the legal…
Macaluso v Pollack , 2010 NYSlipOp 30276(U) , Justice Diamond, Nassau County presents an interesting story of how a case can get dismissed. Beyond the storyline, the case presents analysis of liability of predecessor/subsequent attorneys, how the dissolution of a partnership affects legal malpractice litigation, what subsequent attorneys can accomplish in the Second Circuit, and potential liability of associate attorneys.…
Carboni v Ginsberg ; 02/02/2010 2010 NYSlipOp 30256(U) Maltese, J. is an illustration of how a potential legal malpractice case underlays almost all activity within the realm of attorney representation, which is to say, everything.
Here, the question is whether plaintiff lost his employment in a wrongful manner, and after that determination, whether he has…
