Everyone in this case came out badly. Attorney represented client, became friends with client, gave financial advice to client, invested with client, lost money in a Ponzi scheme with client. Now, client survives a summary judgment decision against his former friend/attorney/investment partner.
Biberaj v Acocella 2014 NY Slip Op 06165 Decided on September 17, 2014 …
We often muse that absolute rules depress creative thinking. As an example, the well recognized rule is that legal malpractice cases always require an expert for plaintiff. However, is this true?
Board of Mgrs. of Bridge Tower Place Condominium v Starr Assoc. LLP 2013 NY Slip Op 07684 [111 AD3d 526] November 19, 2013 …
This intra-family dispute pitted brother against brother and mother against son for control of a very close corporation. When the case was settled, one party had not successfully analyzed the potential tax liabilities and sue the attorney.
Benishai v Epstein 2014 NY Slip Op 02404 [116 AD3d 726] April 9, 2014 Appellate Division, Second…
Death of attorneys and clients is inevitable, and planning for death is one thing that is expected of attorneys. in Cabrera v Collazo 2014 NY Slip Op 00622 [115 AD3d 147] February 4, 2014 Tom, J. itself arising from a wrongful death case, the attorney died just weeks before plaintiff’s time to file the wrongful…
Champerty is not a subject that generates wide discussion. You won’t see a blog about it on Gawker. When the word comes up, we see a figure from a Daumier etching or a Puck cartoon. Nevertheless, the transfer of causes of action from individual to individual or to a corporate entity is higly regulated.
In…
Client is the widow of a worker who died, either at work or at a company Christmas party. She retains the law firm to "investigate and advise her with respect to all potential claims relating to the accident of December 23, 2010 and Mr. Pena’s death." When she is no longer able to apply for…
Brother and friend have a Canon brand office automation equipment business. Problem is that they have criminal records and Canon won’t work with them. They turn to Sister, who is an employee of the company. She gets all the stock, and with it, all the debts. Brother and friend have the right to buy back…
This case arises from representation of the client in a buy-out provision of a stock agreement. Defendants failed to serve a notice required by the stock agreement on individual shareholders, which led to dismissal of claims against them.
In Rehberger v Garguilo & Orzechowski, LLP 2014 NY Slip Op 04182 [118 AD3d 767] June…
The Court of Appeals will be reviewing contingent fees in Matter of Lawrence, deceased. McCallion & Assoc., LLP v Dyche 2014 NY Slip Op 32254(U) August 20, 2014 Supreme Court, New York County Docket Number: 157793/13 Judge: Joan A. Madden is Supreme Court’s look at the same issue. When a client retains an…
Medicare costs and reimbursements in the Nursing Home field is "arcane" and probably unknown to readers of legal malpractice blog. In Berkowitz v Abrams, Fensterman, Fensterman,
Eisman, Formato, Ferrara & Einiger, LLP 2014 NY Slip Op 32299(U) August 15, 2014
Sup Ct, New York County Docket Number: 152368/13 Judge: Arthur F. Engoron himself admits…
