Personal injury and legal malpractice cases have many strong bonds. Because a sizable portion of the litigation world is devoted to personal injuries (on both the plaintiff’s and defendant’s side), one correctly expects significant legal malpractice litigation after-wards. How the legal malpractice case proceeds along with or after the PI case is a not well…

Falling into a trap laid by oneself is a pitiful outcome to litigation.  Plaintiff hires defendant attorney to represent plaintiff when he is sued. The underlying case seems to be a construction accident matter. Did plaintiff lose the case because defendant failed to make certain arguments, or was defendant prevented from making those arguments by…

The Third Department gives a nice analysis of the law of "account stated" in its decision, Antokol & Coffin v Myers ;2011 NY Slip Op 06051 ;Appellate Division, Third Department .
 

""’An account stated is an agreement between parties to an account based upon prior transactions between them with respect to the correctness of…

Overturning a jury verdict is difficult.  Doing so in a legal malpractice case is hard.  Doing so, when the facts seem to be against you is even harder.  Cinao v Reers 2013 NY Slip Op 05791
Decided on September 11, 2013 Appellate Division, Second Department  shows that legal malpractice plaintiffs have to be almost wholly…

We’ve seen $7 Million legal malpractice cases, and $ 700,000 cases, but it is rare to see a Supreme Court case for $ 7,171.00  Nevertheless, plaintiff brought Dash v Davis & Gilbert LLP
2013 NY Slip Op 51469(U)   Decided on September 6, 2013   Supreme Court, New York County
Ling-Cohan,  only to lose on a CPLR…

When a claim for legal malpractice accrues is a contentious source of motion practice in legal malpractice litigation.  Traditionally it is said that malpractice accrues on the date of the mistake, but that it can be tolled because of continuous representation.  Continuous representation is said to require an understanding between client and attorney that more…

Except for the fact that they were there, there is little in this decision to show why the attorneys were sued.  Antonelli v Guastamacchia  2013 NY Slip Op 32046(U)  August 22, 2013  Supreme Court, Richmond County Docket Number: 100705/08  Judge: Joseph J. Maltese tells the story of a good real estate and mortgage company gone…

Kassel v Donohue  2013 NY Slip Op 32015(U)  August 22, 2013  Supreme Court, New York County  Docket Number: 150886/2013  Judge: Eileen A. Rakower is an example of the court working its way through a series of causes of action, and individually (rather than blanketly) upholding or dismissing them.

"As alleged in the proposed Amended Complaint…