Plaintiff sues law firm for legal malpractice. Case rests on representation in a commercial real estate lease. There was a four year period in which the landlord was building the premises, and the question of in what year a tax escalation clause starts led to this legal malpractice case.
Global Bus. Inst. v Rivkin Radler, LLP 01/13/2010 Other Courts 2010…
Judiciary Law 487 is suddenly all the rage. Ironic, as it may be the oldest statute in Anglo-American jurisprudence, coming only years after the Magna Carta. We see references to Marbury v. Madison once in a while, but this statute is perhaps 500 years older.
Here, in Cinao v. Reers, Index no. …
Attorney fees and legal malpractice should have nothing to do with each other. However, the general rule is that no legal fees may be awarded in the face of legal malpractice and its corollary is that if legal fees are awarded by a court or tribunal, then there could have been no legal malpractice, whether…
It should be fairly easy to determine when the statute of limitations ends, no? In legal malpractice, one must commence an action within three years of when the cause of action accrues, unless there continues to be "continuous representation." When does the cause of action accrue? This question remains thorny, and not always easily resolved. …
Plaintiff starts a case on their own, and then when they get near trial, hire the defendant attorneys to represent them in an action for personal injury to their child either at school, or due to the alleged negligence of the School district. The attorneys take over, and are said to agree that they can…
How does one prove legal malpractice, and what documents are necessary to support a successful legal malpractice case? A colliery to that question is how do you get those documents, and when is a request too broad, and when does a demand go to far? An illustration of a request which went too far is found in…
in Lyons v Cronin & Byczek, LLP 01/06/2010 2010 NYSlipOp 30006(U Plaintiff started an employment discrimination case against the LIRR and while it was pending, filed a petition in Bankruptcy. How this fact was not known to his attorneys, or the LIRR is not explained, but he settled the case and accepted the proceeds. Later…
It’s popularly thought that legal malpractice is all about the mistakes made by an attorney. While that is the first elements of legal malpractice, there are far harder hurdles to jump in a successful case. Mistakes, or problems in the way a case was handled are not that difficult to fine, attorneys being human, and…
For those with any knowledge of the history of the statute of limitations in legal malpractice, there was once a time in which a three year s/l for tort and a six year s/l for contract existed. Under the Court of Appeals in Santulli it was permissible. In response the Legislature passed CPLR 214-6:
" an…
In Denenberg v Rosen ;2010 NY Slip Op 00081 ;Decided on January 7, 2010 ;Appellate Division, ;First Department ; Moskowitz, J. the question of when the relationship begins between client and attorney is discussed. Plaintiff, who was a knowledgeable investor, as a commodities trader, formed a retirement account that was ultimately disallowed by the…
