One of the more interesting legal malpractice cases in the patent area has been the Cold Spring Harbor Laboratory v. Ropes & Gray case.  Cold Spring announced the settlement today which ended a cross-state litigation.  It started in the Eastern District, and was transferred to Massachussets, then dismissed in US District Court, District of Massachusetts  there…

Norwich, NY:  It is ironic when a legal malpractice complaint is dismissed for technical reasons, and worse when it makes claims that are never compensible.  Nevertheless, in Kreamer v Town of Oxford   2012 NY Slip Op 04445 [96 AD3d 1128]   June 7, 2012  Appellate Division, Third Department  that’s exactly what happened.

"Defendant Roger Monaco (hereinafter…

Attorney represents real estate corporation, and represents it, makes loans to it, and in intimately involved for a number of years.  Attorney dies.  Litigation ensues.

Cohen v Gateway Bldrs. Realty, Inc.   2014 NY Slip Op 50832(U)  Decided on May 27, 2014
Supreme Court, Kings County  Demarest, J. is at base, a very sad story. …

UTICA:    The battle in legal malpractice cases almost always centers on the question of "but for", that hypothetical comparison of the actual outcome to the ideal outcome, had there been no malpractice. Dischiavi v Calli  2013 NY Slip Op 07289 [111 AD3d 1258]  November 8, 2013
Appellate Division, Fourth Department  is a prime example. …

A criticism that arises regularly, and which seems embedded in the judiciary’s imagination is that the majority of legal malpractice cases are "sour grapes", "Monday morning quarterbacking" and "reflexive counterclaims."  While we hotly dispute these terms, some cases do prove the generalization true.  Liddle & Robinson, LLP v Byrne  2014 NY Slip Op 31328(U) …

Client is involved in a fraudulent transaction, or even in an investment gone sour, and seeks to get the investment money back.  Client looks to see who might be responsible, and attorneys are always a good target.  This sometimes leads to dismissals of legal malpractice cases on standing, privity and statute of limitations. 

Goldin v …

A legal malpractice case is brought, and swiftly dismissed.  In Cie Sharp v Krishman Chittur  2014 NY Slip Op 31303(U)  May 13, 2014  Supreme Court, New York County  Docket Number: 155098/13  Judge: Joan A. Madden the reason is that the attorney was awarded a fee for the same work.  The two cannot co-exist.

"In…

Troy:   Just like Jack Hall Plumbing & Heating, Inc. v Duffy, 100 AD3d 1082, 1084 [2012]) defendant moved for summary judgment without an expert.  Just like Jack Hall, the motion fails.Land Man Realty, Inc. v Faraone   2012 NY Slip Op 08218 [100 AD3d 1336]  November 29, 2012
Appellate Division, Third…