In law, sometimes a single case decision opens the flood gates. This is an oft-heard argument, with a rarely seen result, yet in legal malpractice the Ulico v. Wilson Elser, 56 AD3d 1 (1st Dept, 2008) case seems to have accomplished the re-awakening of "breach of fiduciary duty."
As an example, see Colucci v. Arisohn…
When practitioners in Legal Malpractice stay in the area long enough, older cases they handled come back to save or haunt them. A prime example is DeNatale v Santangelo ; 2009 NY Slip Op 06398 ; Decided on September 8, 2009 ; Appellate Division, Second Department . Here the defendant law firm wins dismissal based…
Continuing from yesterday, what is the relationship between legal malpractice litigation and breach of fiduciary duty? One reflexive answer is that the broad category of legal malpractice litigation, which requires a demonstration of deviation, proximate cause, "but for" causation and damages contains breach of fiduciary duty as a subset. Often, alternative claims of breach of…
Sometimes a court’s decision will simply tell how the case came out. Sometimes a decision can teach a lesson; in this case one decision teaches several lessons in Legal Malpractice. KIRK , -against- HEPPT, 05 Civ. 9977;UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2009 U.S. Dist. LEXIS 80989;September 1, 2009, Decided…
Sometimes we find a stimulating discussion of a principal of legal malpractice in decisions concerning other professions. In this case Sykes v RFD Third Ave. 1 Assoc., LLC ;2009 NY Slip Op 06387 ;Decided on September 8, 2009 ;Appellate Division, First Department ;Moskowitz, J. we find a discussion of privity and third-party beneficiary law…
In "Boglia, v Greenberg, et al., ; SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT;2009 NY Slip Op 5278; 63 A.D.3d 973; 882 N.Y.S.2d 215; 2009 N.Y. App. Div. LEXIS 5183 the court writes:
"The client retained the attorneys to represent her in a matrimonial action. After terminating the attorneys’ representation, the…
In MELNICK v. CARY PRESS,;No 06-CV-6686 (JFB) (ARL);UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK;2009 U.S. Dist. LEXIS 77609; August 28, 2009, Decided we find an excellent discussion of the rules of attorney fee liens under the Judiciary Law.
"Under New York law, an attorney who is discharged is statutorily entitled…
How much does one take on as attorney, and how does that scope of work affect legal malpractice litigation? In Douglas v. Dashevsky, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT; 2009 NY Slip Op 4187; 62 A.D.3d 937, ; 880 N.Y.S.2d 667, plaintiff says that she was terminated, and was terminated while…
What is obvious to one is a judgment call to another. in Noone v Stieglitz ;2009 NY Slip Op 01093 ; 59 AD3d 505] February 10, 2009 ;Appellate Division, Second Department we see a plaintiff involved in a motor vehicle accident. Defendant in that MV case claimed that it was forced out of its…
in Williams v Omrani & Taub, P.C. ;2009 NY Slip Op 51832(U) ;Decided on August 25, 2009 ;Supreme Court, Kings County ;Rivera, J. rendered a tri-partate decision, reviewing a dismissal motion pursuant to CPLR 3211(a)(1) (a)(5) and (a)(7). Reading like a thriller, first the court denies dismissal on documentary grounds by the unusual reasoning:…
