We’ve written that  Grace v. Law  is a game-changer in the legal malpractice field.  Previously, there was no obligation on plaintiff to undertake an appeal prior to commencing a legal malpractice case.  Now, after Grace it’s a new world, and nothing illustrates that point better than Buczek v Dell & Little, LLP   2015 NY Slip…

Flomenhaft v Finkelstein  2015 NY Slip Op 03468  Decided on April 28, 2015  Appellate Division, First Department  has been on the back burner for a long time, and now has again reached the First Department.  Attorney Flomenhaft accuses Andrew Finkelstein of slander.  Finkelstein is royalty in New York.  “Defendant Andrew Finkelstein (Finkelstein) is an attorney…

Bruges Realty, Corp. v Horowitz   2015 NY Slip Op 30634(U)  April 17, 2015  Supreme Court, New York County Docket Number: 651986/2010  Judge: Saliann Scarpulla is the story of overreaching by an attorney who has been given millions of dollars to invest for several trusts.  He leaves his law firm, engages in investments not suitable for…

Contrary to the belief of almost all attorneys, legal malpractice cases are rarely brought on a whim.  They are rarely brought on a reflex.  For the most part, everyone in the case, including the non-lawyer plaintiffs can identify a problem in the representation.  The actual, and often decisive battle is at the “but for” level.  …

Lombardi v Lombardi  2015 NY Slip Op 03334  Decided on April 22, 2015  Appellate Division, Second Department is an example of a prenuptial agreement that is so overbearing to the wife that the Appellate Division reversed summary judgment and left it for the trial court to evaluate evidence.   However, it dismissed the wife’s claim against…

What happens when a plaintiff partnership sues and then loses?  Well, in Ernest & Maryanna Jeremias Family Partnership, L.P v Sadykov   2015 NY Slip Op 25100  Decided on April 7, 2015  Appellate Term, Second Department the next thing the plaintiff partnership does is realize that they were represented by a partner who was not an…

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 a perfect example of what all the CLEs tell attorneys not to do.  Don’t sue for small fees, because there will inevitably be a legal…

We continue from Fridayh.   The facts in Hamadeh v Spaulding  2015 NY Slip Op 30027(U) January 8, 2015  Supreme Courty, New York County Docket Number: 114060/09  Judge: Marcy S. Friedman are relatively simple.  Accountant is asked how taxpayer can lessen his tax liability, a question we assume is regularly asked of CPAs.  He gives wrong…