Justice Judith Gische of Supreme Court, New York County presents a primer on attorney fee litigation and the disposition of counterclaims for legal malpractice in Hurley v. Bulah Church of God in Christ Jesus, Inc. In this case the Church had gone through some hard times. A pastor was accused of financial wrongdoing, and
Legal Malpractice News
A Series of quasi-Legal Malpractice Cases in the US Supreme Court
Today’s NYLJ features an article by Marcia Coyle on a series of cases coming up before the US Supreme Court. Of the 6 cases to be heard [almost triple the usual number] at least four are legal malpractice scenario: Wood v. Allen is a death penalty case in Alabama in which a newly admitted attorney failed…
Patents, Sanctions and Legal Malpractice
We end this week with a look at a huge legal malpractice action just brought against Greenberg Traurig LLP, based upon patent work, and a more than $1 million judgment entered against their client. Widely reported yesterday, the complaint was set forth in the NYLJ. What is it about?
The complaint alleges that defendants…
What is a Borrowing Statute and How Does it Affect Legal Malpractice?
Here is how a borrowing statute affects litigation and why a Pennsylvania statute of limitations applies to New York litigation. CPLR 202 requires that when a nonresident sues on a cause of action accruing outside New York, CPLR 202 requires the cause of action to be timely under the limitations periods of both New York…
Mixed Result in Landlord-tenant Legal Malpractice Case
Landlord hires big-time Landlord-Tenant attorneys in New York City, and expect that the attorneys are in fact bringing a series of eviction proceedings. This case alleges that they did not, yet charged fees, and misled the client. What is a client to do? In this instance they sued for legal malpractice, breach of fiduciary duty…
A Particularly Shocking Judiciary Law 487 and Legal Malpractice Case
Were one to read each of the 150+ legal malpractice cases decisions filed each year, one would see a wide range of attorney-client problems. Some are frivolous and some very serious. This case, DAVID GOLDSTEIN, Plaintiffs, – against – ALLEN S. GOLD and LAW OFFICES OF ALLEN S. GOLD, Defendants;No. 06 CV 6707…
Whose Case is It in Legal Malpractice and Bankruptcy ?
When one files a petition in bankruptcy, ownership of assets is upended. Some if not all assets of the debtor become part of the estate, and will be used to pay creditors. A current cause of action in legal malpractice, even if not reduced to a law suit is one such asset. What happens if…
Judiciary Law 487 Cases Thrive This Year in Legal Malpractice Arena
Since the Court of Appeals decided Amalfitano v. Rosenberg we have seen an upswing in reported successful Judiciary Law 487 cases. Here in Moormann v Hoerger ;2009 NY Slip Op 06518 ;Decided on September 15, 2009 ;Appellate Division, Second Department plaintiff loses legal malpractice, but avoids summary judgment on the Judiciary Law cause…
Overlapping Fraud and Malpractice Claims in Legal Malpractice
In Tatum v. Oberg; UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT;2009 U.S. Dist. LEXIS 82208;September 3, 2009 we see a spirited discussion of the overlap between fraud claims and negligence, as well as a discussion of the overlap between breach of contact claims and negligence. It is a 2d Circuit case decided…
Opposing a Motion for Summary Judgment by Plaintiff in a Legal Malpractice Case
In Felt v. Van Alstyne we see an interesting real estate-legal malpractice case, one which is, unfortunately, no so uncommon. Plaintiff owns 51 acres of property in Greene County and wants to sell a portion, 6.1 acres. The balance of 45 acres or so, which is unimproved, is to be sub-divided and kept. Defendant attorney…