Daughter works for a law firm, and hears of a financial opportunity. She gets her parents involved, and surprise…the loans do not work out! They sue the law firm for legal malpractice. Rodolico v Rubin & Licatesi, P.C. 2013 NY Slip Op 08068 [112 AD3d 608] December 4, 2013
Appellate Division, Second Department stands for…

Daughter works for a law firm, and hears of a financial opportunity.  She gets her parents involved, and surprise…the loans do not work out!  They sue the law firm for legal malpractice.  Rodolico v Rubin & Licatesi, P.C.   2013 NY Slip Op 08068 [112 AD3d 608]   December 4, 2013
Appellate Division, Second Department  stands…

For social policy reasons, and probably to prevent wide-spread suits against opposing attorneys which might swamp the system, a legal malpractice complaint must allege an attorney-client relationship in order to survive.  This question of privity is the first of several thresholds that a plaintiff must cross.  In Mr. San, LLC v Zucker & Kwestel, …

Dombrowski v Bulson  2012 NY Slip Op 04203 [19 NY3d 347]  May 31, 2012  Lippman, Ch. J.  Court of Appeals was a very important case in legal malpractice, which held that "an award of nonpecuniary damages is generally unavailable to a plaintiff in an action for attorney malpractice."  It was not wholly unprecedented.  Prior…

Plaintiff has an excessive force claim against the NYCPD.  Arrest is on 9/15/09. ACD is given on 3/25/10.  Plaintiff retains law firm on 10/27/10.  On 5/16/11 law firm returns case to client and says they will not handle.  No notice of claim is ever filed, and no real motion seeking leave to file a late notice of claim is ever…

Sometimes the question of legal malpractice is at the forefront of a case, and sometimes it is the least important part.  in K2 Inv. Group, LLC v American Guar. & Liab. Ins. Co.  2014 NY Slip Op 01102 [22 NY3d 578]  February 18, 2014  Judge Smith of the Court of Appeals makes the rare…

Plaintiff is on probation and gives an oral sample for drug testing.  Kroll labs tests the saliva and finds THC.  An independent urine drug test taken as a safety measure by Plaintiff is negative.  Plaintiff’s probation period is extended.  There are no pecuniary losses.  May Plaintiff recover. 

Here, yes.  If it were legal malpractice, no.  Why? …

Not that many legal malpractice cases get tried, and fewer even in Civil Court, New York County.  here is one that went to defendant.  Milgram Thomajan & Lee, P.C. v Golden Gate Petroleum, P.C.    2014 NY Slip Op 24063 [43 Misc 3d 68]. 

"The action arises out of plaintiff’s representation of the first-named defendant…