An unsophisticated client, a personal injury and an attorney who does not investigate the case. These are the facts in Angeles v Aronsky 2013 NY Slip Op 02454 [105 AD3d 486] Appellate Division, First Department .
"On December 7, 2007, at approximately 3:15 p.m., plaintiff entered the front entrance of the apartment building…
The essential question in a summary judgment motion is whether after hearing all the arguments, there are still questions of fact upon which reasonable minds differ. If so, then no summary judgment. So it is in Arbor Realty Funding, LLC v Herrick, Feinstein LLP 2013 NY Slip Op 01216 [103 AD3d 576] Appellate Division, First…
Plaintiff brings a legal malpractice action based upon a series of real estate closings. His 2011 complaint strikingly fails to say when the attorney last represented him. Result? In Elmakies v Sunshine 2014 NY Slip Op 00478 Decided on January 29, 2014 Appellate Division, Second Department the case is dismissed on the statute of…
In Scekic v SL Green Realty Corp. 2014 NY Slip Op 30186(U) January 21, 2014 Sup Ct, New York County Docket Number: 113386/10 Judge: Doris Ling-Cohan a worker is injured while up on a 15 foot ladder which suddenly splits apart. He falls, and a Labor Law 240(1) case is born. but, what happened…
It’s said that there is a general level of good practice standards for attorneys in New York, and its well settled that all attorneys are expected to practice at the level (admittedly not the very highest level) of good practice among competent attorneys in New York. What does this actually mean?
The question of how…
We’ve read and re-read the decision in Risk Control Assoc. Ins. Group v Maloof, Lebowitz, Connahan & Oleske, P.C. 2014 NY Slip Op 00419 Decided on January 23, 2014 Appellate Division, First Department and we still cannot see how plaintiff thought it could proceed. It was not the insurance company which hired defense attorneys, nor…
Judge Lippman once wrote that allowing legal malpractice proceedings against the criminal defense attorney absent "actual innocence" would be very very bad. "We see no compelling reason to depart from the established rule limiting recovery [*4]in legal malpractice actions to pecuniary damages. Allowing this type of recovery would have, at best, negative and, at worst…
Today’sNYLJ article by Andrew Keshner gives the background to a very high level spat between marquee named attorneys Ire Lee Sorkin, Judd Bernstein and Raoul Felder. Was it deceit, or was it just good old bare-knuckled lawyering?
"In two separate rulings, one state and one federal judge declined to punish high-profile attorney Ira Lee…
Clients think about suing their attorney; they think long and hard. Sometimes, they get distracted, and time passes. Sometimes too much consideration leads to too much delay. As an example, in this case Plaintiff’s mother brought a personal injury case against the City of New York for plaintiff from an injury of December 20, 2002.
In the past several years we’ve been given unprecedented access to court records. No more is it necessary to travel to the courthouse to review a file, nor must we wait for the clerk to mail (or not mail) a decision. The Court’s online presence has rapidly increased. However, access to written decisions is not…
