CIT Lending Serv. Corp. v Morrison & Foerster LLP  2013 NY Slip Op 31980(U)  August 20, 2013
Sup Ct, New York County  Docket Number: 653797/2012  Judge: Melvin L. Schweitzer has a well written discussion of the difference between contribution and indemnity, as well as an exposition on how "pure economic loss" applies to legal…

The Court of Appeals has ruled that the only damages available in legal malpractice are  purely economic.  Dombrowski v Bulson  2012 NY Slip Op 04203 [19 NY3d 347]  "We see no compelling reason to depart from the established rule limiting recovery [*4]in legal malpractice actions to pecuniary damages."  "Wolkstein v Morgenstern, 275 AD2d…

Commercial lender makes three loans to building developer.  Lender hires law firm to make necessary filings to protect the loans.  Law firm hires title company to provide title insurance and title insurance company hires another  company to do the physical filing.  A dispute over payment to the law company delays the paper filing, all to…

Airey v Remmele 2012 NY Slip Op 22299 ; Supreme Court, Erie County NeMoyer, J. is a case we started to read, and then had to go back to the beginning to sort out. Who would have thought that this story would have happened in the Buffalo area?
 

While this is not a legal malpractice…

Well, actually not "buying" the case and not losing the "receipt", nevertheless, plaintiff purchased 50% of an intended legal malpractice case and then lost the contract…or did he?

Pearlman v Faulisi  2013 NY Slip Op 31963(U)  August 7, 2013  Supreme Court, Suffolk County
Docket Number: 15123-2011  Judge: Emily Pines.  "In the Amended Verified Complaint…

Reading this case produces an image of a train rolling through the countryside, without anyone at the controls. It is the story of a car accident, an unjoined party, and mistake after mistake. In the end plaintiffs are non-suited and all the efforts are for naught.

Di Giacomo v Michael S. Langella, P.C. 2012…

In the construction industry, bonding is extremely important.  Huge jobs, and large expenditures of money are based upon the belief that there is a pot of money protecting the process.  Sub-contractors provide work and materials on the basis that there is someone who will pay, eventually.  Sometimes it goes wrong, and a wedge of the…

Businesses grow huge, make multi-million dollar loans (read: $ 125 million+) and buy/sell huge ongoing and decrepit stores.  How do they go astray?  We see one example in Ableco Fin. LLC v Hilson  2013 NY Slip Op 05665   Decided on August 20, 2013   Appellate Division, First Department .  Was it attorney error, or merely a…