This case is one of the larger fraud – legal malpractice cases we have seen.  In fact, the scope of the fraud is breathtaking.  Proskauer Rose LLP is involved in the case, and walks away with dismissal.  Here are some of the facts in Chambers v Weinstein  2014 NY Slip Op 51331(U)
Decided on August…

Sometimes we read a decision and wonder how the case got to trial.  Cinao v Reers  2013 NY Slip Op 05791 [109 AD3d 781]  September 11, 2013  Appellate Division, Second Department is one such case.

"Here, the evidence supports the jury’s finding that the defendant did not "depart[ ] from the exercise of that degree…

Potential clients often ask whether they should settle the underlying case and then sue their present attorney for legal malpractice, or sue before settling.  Aside from the "bird in the hand/bird in the bush" issue, and whether it is better to take something specific now, rather than waiting for the future potential, the rule in…

In an interesting case to buck the "but for" dismissal trend in legal malpractice, Angeles v Aronsky  2013 NY Slip Op 05955 [109 AD3d 720]  September 24, 2013  Appellate Division, First Department points out that when viewed correctly, a summary judgment motion should be denied when there is any question of fact. 

"Plaintiff Manuel…

Plaintiff’s child fell from a window. The window was in a multiple dwelling and there was no window guard.  The building had no insurance, and the owner eventually took off.  Was there legal malpractice in Plaintiff’s attorney failing to file a lis pendens or to seek pre-judgment attachment?

The short answer is no, which illustrates…

Plaintiff is sued in Civil Court for attorney fees.  She counterclaims for legal malpractice.  She then goes on to sue in Supreme Court for legal malpractice where her complaint is dismissed.  What happens to the Civil Court case?

Law Offs. of D’Amico & Assoc., PLLC v D’Elia  2014 NY Slip Op 51242(U)  Decided on…

For summary judgment purposes, an expert is an expert and is good enough .  No?  In legal malpractice, an attorney, duly licensed, is good enough to comment on the work of another attorney?  No?

Not for Judge Buggs.  In  Gonzalez v Flushing Hosp. Med. Ctr.  2014 NY Slip Op 51226(U)
Decided on August…

in a huge note-issuance transaction, Stonebridge Capital LLC hires Brown Rudnick LLP to prepare the documents.  The attorney handling the case moves from BR to Stroock & Stroock & Lavan LLP and, of course, the transaction goes sour.  The wrinkle here is that BR and a typical retainer agreement with plaintiff while SS&L had an…