Sadly for plaintiff, her case is now fully dismissed. It was earlier dismissed against her attorney.
She alleges in Strujan v Head 2013 NY Slip Op 31154(U) May 24, 2013 Supreme Court, New York County Docket Number: 800029/2012 Judge: Eileen A. Rakower that her case arose from : "an incident in September 1997…
The First Department delved into a legal malpractice case with several unusual affirmative defenses. In Whitney Group, LLC v Hunt-Scanlon Corp. 2013 NY Slip Op 03929 Decided on May 30, 2013 Appellate Division, First Department we see affirmative defenses of "in pari delicto", comparative fault and a question of whether there must be joint…
We’re not exactly sure what type of fraud took place here. It seems to be centered around a merger and a voting agreement that injured the Learning Annex in Learning Annex, L.P. v Blank Rome LLP 2013 NY Slip Op 03921 Decided on May 30, 2013 Appellate Division, First Department
Blank Rome seems to have…
The right to sue ones lawyer can end after a period of time, called the statute of limitations. The statute does not start to run until there has been a "mistake" by the attorney, but that time can be tolled by the continuous representation doctrine. When the attorney-client relationship ends is the subject of endless…
Sometimes, side issues in a legal malpractice seem to predominate, and even lead to appellate proceedings. One might think that a frank discussion of whether or not the attorney departed from good practice would be in everyone’s interest, but in Corrieri v Schwartz & Fang, P.C. 2013 NY Slip Op 03797 Decided…
Plaintiff hired attorneys to help transfer the rights and title to a movie being produced. From there, all went wrong, and at this time, plaintiff may not even own the film anymore. How did this happen, and why was the legal malpractice case lost? In Candela Entertainment, Inc. v Davis & Gilbert, LLP 2013…
Plaintiff seems to be ascendant at this point in the case, but proof of a 19 year old trip and fall may be difficult in the extreme. A trial will ensue, after plaintiff’s rare successful motion for partial summary judgment was granted in Cox v. McKernan.
In today’s New York Law Journal Christine Simmons…
We wince to see cases lost on procedural grounds, much less legal malpractice cases. Here, in Northern Source, LLC v Kousouros 2013 NY Slip Op 03607 Decided on May 21, 2013 Appellate Division, First Department it seems that plaintiff failed to file a note of issue after a written demand, failed to respond to…
How far may an attorney go when dealing with a client before the line is crossed and extreme emotional distress may be charged? It almost never happens, but In Blumencranz v Botter 2012 NY Slip Op 32089(U) Sup Ct, Nassau County Docket Number: 15489/11 Judge: Joel K. Asarch we see behavior that is "utterly failing…
Commencement of a new case and the service of process are anachronistic to New York, and provide a wealth of potential problems for the experienced practitioner. Imagine how confusing it is to the pro-se plaintiff. In any event, were one to query a group of experienced attorneys, we predict that a shockingly large number would…
