The Surrogate of New York County has undoubtedly been presented with unique cases and big estates, but Matter of Eisenberg 2013 NY Slip Op 51713(U) Decided on October 15, 2013
Sur Ct, New York County Mella, J. presents some unusual issues.
Start with an attorney who boldly proclaims her lack of knowledge of wills…
Plaintiff retains attorney to arrange for a tax free gift to her son. The IRS cutoff for tax free gift v. taxable gift is $1 million. She did not have a million in cash. However, she owned a valuable building in Manhattan. So, the law firm selected a Real Estate appraiser and arranged for the transaction. …
Plaintiffs inIsaacson v Law Off. of Norman L. Horowitz, LLC 2013 NY Slip Op 32598(U) October 18, 2013; Supreme Court, New York County; Docket Number: 112174/2010; Judge: Joan A. Madden were commercial tennants who became disenchanged with the building after a big burglary. They had a ‘good guy" guarantee, and attempted to terminate their lease…
Here is a case in which the attorney has successfully shut down plaintiff’s case, plaintiff’s future cases, and in general, plaintiff himself. It’s rare that defendant scores a victory so comprehensive. The Appellate Division, and earlier, Justice Ling-Cohan in Banushi v Law Off. of Scott W. Epstein 2013 NY Slip Op 06930 Decided on October…
Thomas F. Bello, an attorney from Staten Island is well known, and had many many clients. This week his resignation and disbarrment was accepted by the Appellate Division, Second Department. What is shocking is the number of clients who had made complaints against him, and how long it took to resolve the matter. Matter of Bello …
There are three (or perhaps four) elements of legal malpractice. They are a departure from good and accepted practice, which proximately causes damage to plaintiff, "but for" which there would have been a better or different result, with ascertainable damages. in Cobble Cr. Consulting, Inc. v Sichenzia Ross Friedman Ference LLP ; 2013 NY Slip…
Legal malpractice in the criminal defense sphere does not, for the most part, exist. Under well settled Court of Appeals cases a criminal defendant may not successfully sue the criminal defense attorney for legal malpractice absent "actual innocence", which is generally defined as acquittal, reversal or exoneration. Britt v. Legal Aid Socy, 95 NY2d 443…
Mr. San LLC v Zucker & Kwestel LLP ; 2012 NY Slip Op 32119(U); Sup Ct, Nassau County Docket Number: 601065/11; Judge: Stephen A. Bucaria is an interesting example of the "whose lawyer is it" question that frequently arises in the formation of new businesses.
"This is an action for aiding and abetting fraud. Plaintiffs…
We saw Margin Call. Dexia SA/NV v Morgan Stanley 013 NY Slip Op 51696(U); Decided on October 16, 2013; Supreme Court, New York County; Bransten, J. is the litigation that might have followed the events in Margin Call.
Admittedly there is no legal malpractice claim in Dexia. We wonder what will happen now…
While one might expect that this article is about a statute of limitations question, it is about both moving too fast and waiting too long in a motion for summary judgment. Imagine the tensions that exist for defense counsel in legal malpractice litigation. They want the case to end, yet, must amass enough evidence to…
