Irony is a state of affairs or an event that seems disturbingly contrary to what one expects. Legal malpractice concerns the effects of human error in the litigation of client’s cases. It is highly ironic when mistakes are made in the litigation of legal malpractice cases. Here is one example.
Yuan v Kaplan 2015 NY…
Sometimes a story sounds bad on first reading, and changes thereafter. This story sounds worse on second reading. It reeks of non-actionable wrongs suffered by a not-so-astute plaintiff.
Mizrahi v Adler 2014 NY Slip Op 31701(U) June 30, 2014 Sup Ct, NY County Docket Number: 650802/2010 Judge: O. Peter Sherwood is a retelling of a…
Divorce proceedings lead to a large number of legal malpractice inquiries. They are generally in the nature of “I did not get enough/gave too much in the divorce. Is it legal malpractice? Sometimes it is. In Tanenbaum v Molinoff 2014 NY Slip Op 04186 [118 AD3d 774] June 11, 2014 Appellate Division, Second Department it…
Jeffrey M. Rosenblum, P.C. v Casano 2014 NY Slip Op 51629(U) [45 Misc 3d 1218(A)] Decided on November 19, 2014 District Court Of Nassau County, First District Fairgrieve, J. is an example of what happens when law firms sue to obtain payments. They trigger lots of litigation and almost always. a legal malpractice counterclaim. Here,…
Sometimes a cigar is simply a cigar, and sometimes plaintiffs have to produce wildly expensive trial props. In Melcher v Greenberg Traurig LLP
2015 NY Slip Op 30855(U) May 18, 2015 Supreme Court, New York County Docket Number: 650188/2007 Judge: O. Peter Sherwood a scene not unlike the Pumpkin Papers case unfolded. Here is Judge…
As we started discussing yesterday, Melcher v Greenberg Traurig LLP 2015 NY Slip Op 30855(U) May 18, 2015 Supreme Court, New York County Docket Number: 650188/2007 Judge: O. Peter Sherwood is a historic case. In the Court of Appeals, it was determined that this deceit statute is not really a statute at all; it is…
Melcher v Greenberg Traurig LLP 2015 NY Slip Op 30855(U) May 18, 2015 Supreme Court, New York County Docket Number: 650188/2007 Judge: O. Peter Sherwood is a very (very) important case in the Judiciary Law § 487 world. When the case went to the NY Court of Appeals, it led to the decision that JL…
Legal malpractice insurance, which one might think is a subject reserved solely for the attorney, is truly a subject of interest to the plaintiff as well. No insurance may lead to no settlement. Hence…
Here the insurance company would like to disclaim on the basis that the attorney was actually doing business as an education…
Yesterday, we started a discussion of Randazzo v Nelson 2015 NY Slip Op 04299 Decided on May 20, 2015 Appellate Division, Second Department which arose from the sale of a deli in Staten Island. Deli’s make retail sales, and buyer’s attorney must know that there can be an audit by the NYS Tax Department of…
When a business that makes sales to the public, and collects sales tax is sold, the buyer may become liable for unpaid sales taxes of the seller. There is a well-understood process by which the buyer can immunize himself. Really, all it takes is following the rules. Unfortunately, in Randazzo v Nelson 2015 NY Slip…
