The business of legal representation in real estate transactions has buoyed law firms since the Magna Carta. It is not a completely carefree practice, as Haberman v Xander Corp. 2012 NY Slip Op 31645(U) June 11, 2012 Sup Ct, Nassau County Docket Number: 021508/10 Judge: Randy Sue Marber demonstrates:
"It appears from the Third-Party…
A stipulation to answer or respond to a complaint covers a motion to dismiss as well as any other possible "response." So the pro-se plaintiff found in Bob v Cohen 2013 NY Slip Op 02499 [105 AD3d 530] April 16, 2013 Appellate Division, First Department. After defendants were permitted to move to dismiss, the AD…
This case illustrates what happens when defendants and third-parties are fighting, while plaintiff remains on the sidelines, enjoying a brief respite. When this happens in a legal malpractice case, the spectacle of legal malpractice defense firm arguing with a legal malpractice defense firm over technical dismissals is a touch ironic.
Balkheimer v Spanton 2013 NY…
The Appellate Division, First Department writes a short and pungent decision on an overbilling case. In Chowaiki & Co. Fine Art Ltd. v Lacher 2014 NY Slip Op 01992 Decided on March 25, 2014 Appellate Division, First Department dismissal of certain of the claims are affirmed, and some are permitted to continue. Unjust enrichment…
We’ve recently reported on a legal malpractice in a $25 Million real estate project, as well as in a $ 40 Million re-insurance deal. Here, plaintiff feels no less stung in a single house real estate transaction gone bad. Was the attorney to blame? So far the case avoided dismissal under CPLR 3211. Whether it…
A persistent problem in legal malpractice (and in accounting malpractice) cases is the delayed damages issue. Put simply, attorney advises on how to accomplish a goal and prepares papers on January 2. Client uses the advice and paperwork to start a process and the other side resists. Litigation ensues and 4 years later the other…
Milgram Thomajan & Lee, P.C. v Golden Gate Petroleum, P.C. 2014 NY Slip Op 24063 Decided on March 19, 2014 Appellate Term, First Department teaches three lessons. One is that a well written letter to the client during litigation warning of potential problems in choosing one course of conduct over another may sway the outcome. …
Plaintiff sues several attorneys, and waits until nearly the end of the 120 day period to serve the summons and complaint. Service is not complete (mailing was later) and each of the defendants has a viable CPLR 306-b defense. One defendant moved within 60 days to dismiss and one did not. That 60 day…
For policy reasons New York Courts limit the types of damages that might be awarded in legal malpractice. Basically, as the NY Court of Appeals recently reiterated, only pecuniary loss may be the subject of legal malpractice litigation. This specifically and totally leaves out any type of emotional damages. Nevertheless people suffer these injuries when…
SuccessfulJudiciary Law 487 cases are more rare than those dismissed. An attempt to deceive courts coupled with sufficiently egregious behavior is necessary. Courts often reject plaintiff’s attempts to portray attorney conduct as deceitful, finding instead that it is within normal limits.
In Cohen v Kachroo 2014 NY Slip Op 01674 Decided on March 13…
