It’s ironic when a legal malpractice case, which alleges that the attorneys being sued departed from good and accepted practice is itself dismissed for technical reasons.  Risk Control Assoc. Ins. Group v Maloof, Lebowitz, Connahan & Oleske, P.C.  2015 NY Slip Op 03067  Decided on April 9, 2015  Appellate Division, First Department is one such…

Attorneys frequently have a business on the side.  After all, they think, I can do the legal work and reap the benefits.   In  Lee & Amtzis, LLP v American Guar. & Liab. Ins. Co.  2015 NY Slip Op 02919  Decided on April 7, 2015
Appellate Division, First Department  Gische, J., J. it did not…

The retainer agreement in McCallion & Assoc., LLP v Dyche  2014 NY Slip Op 32254(U)  August 20, 2014
Supreme Court, New York County  Docket Number: 157793/13  Judge: Joan A. Madden is not overtly onerous.  It, like Matter of Lawrence does allow for a very large fee.  Take a look at how Judge Madden of New…

Goldin v Tag Virgin Is. Inc.  2014 NY Slip Op 31308(U)  May 20, 2014  Supreme Court, New York County
Docket Number: 651021/2013  Judge: Eileen Bransten is an example of overreaching.  The law of legal malpractice in New York cleaves to a policy of strict privity.  If you did not hire the attorney, and the…

Client is in a divorce and really wishes the other spouse to pay legal fees.  Matrimonial is settled, and the settlement allocution establishes that no attorney fees were to be paid.  Client nevertheless sues for this failure as well as overbilling. Here is what happened in  Tanenbaum v Molinoff  2014 NY Slip Op 04186 [118…

When a client has multiple remedies, such as personal injury, wrongful death, pain and suffering, as well as workers’ compensation, sometimes the attorneys focus on one to the detriment of another remedy.  Such is what seems to have happened in Lirano v Grimble & Logudice, LLC    2014 NY Slip Op 32346(U)   September 3, 2014  Supreme…

Some of the largest law firms in New York are the personal injury giants Jacoby & Meyers LLP and Finkelstein & Partners.  All across upstate New York, wherever there are cars and personal injuries, you’ll find their offices.  One of the institutional problems of the personal injury world is the expense of litigation.  Smaller firms…

Outgoing Supreme Court Justice Milton Tingling gave short shrift to Plaintiff’s argument that Defense counsel had committed a violation of Judiciary Law § 487.  The judge let plaintiff know that enough was enough on this “perjury” thing.  Anyway, read it in  Manhattan Telecom. Corp. v Jackson  2014 NY Slip Op 32053(U)   February 24, 2014   Sup…