As the economic times turn around, we are still seeing the results of the mortgage bubble.  in Ferreira v Citiwide Real Estate & Mgt. Co.   2013 NY Slip Op 50745(U)   Decided on May 8, 2013
Supreme Court, Queens County   Kitzes, J.  we see a typical issue.  What happens when the system spins, and the owner is…

Plaintiff’s mother brought a personal injury case against the City of New York for plaintiff from an injury of December 20, 2002. She retained defendant attorneys to represent her. She discharged the attorneys via a "Consent to Change Attorneys" in August , 2006. She brought the legal malpractice caseFleyshman v Suckle & Schlesinger, PLLC …

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…

When clients depend upon the expertise of an attorney, and then end up with a bad result, they can successfully plead legal malpractice. Does a client settle the personal injury case or litigate on? Depending on how the attorney advises the client, there may or may not be legal malpractice. Here is an example.

Polanco …

Reading the background information or the caption of some legal malpractice cases often reveals issues about the case itself.  In Stuart v Robert L. Folks & Assoc., LLP   2013 NY Slip Op 03319
Decided on May 8, 2013   Appellate Division, Second Department , we saw that the defense counsel’s name was all alone in…

While the decision inZaidman v Marcel Weisman, LLC  2013 NY Slip Op 03323 Decided on May 8, 2013  Appellate Division, Second Department  does not specifically set forth what Plaintiff could not prove, we believe it would have been "notice" of a defective condition, and lack of proof (in the alternative) of creation of the…

The short answer to the question is yes, they do; the longer answer to the question is that their rights to first amendment protection of speech is very limited, and litigation over those rights will be stringently examined, or better put, subject to strict scrutiny. In Ruotolo v Mussman & Northey
2012 NY Slip Op…

Legal Malpractice insurance companies have two big exclusions. One is late notice of a claim and the other is acts outside the policy coverage. Late notice is a constant danger to the insured. Carriers take the position that as soon as the attorney knows there has been a mistake he is obligated to tell the…