While we understand the principal, it is nevertheless shocking to read a case in which the defendant attorney admits that they blew the statute of limitations, but argue that plaintiff had no case anyway. It just seems wrong, somehow.
In Hagensen v Ferro, Kuba, Mangano, Skylar, Gacovino & Lake, P.C. 2013 NY Slip Op 04980
Decided…
The interplay of bankruptcy and personal injury or legal malpractice cases is complicated. Basically, once one files a Chapter 7 petition, all assets, including the penny in petitioner’s pocket becomes part of the Bankruptcy estate. That estate includes any personal injury claims, and even any future legal malpractice claims. If they are listed in the…
Some years ago the Legislature overruled the Court of Appeals, and passed CPLR 214(6). That statute was interpreted to say that all claims against an attorney (some other professionals) were subject to a 3 year statute, whether the claim was made in negligence or contract.
Here, in Walter v Castrataro 2012 NY Slip Op 02676…
Client trips and falls because of a defect in a parking lot. Client goes to attorney who fails to commence the case within the statute of limitations. Client sues attorney who comes up with very inventive defenses. What happens to the case on summary judgment?
inDuque v Perez 2012 NY Slip Op 03593, Appellate…
Insurers tell insureds that legal fee cases are the surest way of starting a legal malpractice case. In Blank Rome, LLP v Parrish ;2012 NY Slip Op 00820 ;Decided on February 7, 2012 ;Appellate Division, First Department we see how this develops.
"Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or…
The principal of account stated, "an agreement between parties to an account based upon prior transactions between them with respect to the correctness of the account items and the balance due. By retaining billing statements and failing to object to the account within a reasonable time, the recipient of the bill implies that he or…
We remember some Shakespeare quote about how Caesar’s wife must be more worthy than any other politician/emperor’s wife. Similarly, here a legal malpractice case is dismissed for failure to file a complaint after a demand had been made. In Dayan v Darche 2012 NY Slip Op 04312 Appellate Division, Second Department the Court writes:
…
Immigration law legal malpractice cases are relatively rare. One reason is that the plaintiff is usually not int he US and a second reason is that damages are somewhat difficult to calculate, in these days of purely economic or "out-of-pocket" damages. Here is an unusual case. Delgado v Bretz & Coven, LLP 2013 NY…
Yesterday we took a look at RGH Liquidating Trust v Deloitte & Touche LLP 2013 NY Slip Op 31224(U) June 6, 2013 Sup Ct, New York County Docket Number: 600057/06 Judge: Eileen Bransten on the issue of standing. Today, we’ll look at the proximate cause issue. Just to remind you, this billion dollar professional malpractice…
It’s shocking to look at the list of banks which made an unsuccessful claim for professional malpractice in RGH Liquidating Trust v Deloitte & Touche LLP 2013 NY Slip Op 31224(U)
June 6, 2013 Sup Ct, New York County Docket Number: 600057/06 Judge: Eileen Bransten and to realize that they were unable to recoup…
