Plaintiff sues for negligence in the preparation, filing and work on a trade dress application, and is then sued for fees. Settlement of the fee dispute ensued. Was this settlement of all claims? Of interest is the AD’s comment in Pure Power Boot Camp, Inc. v Fross Zelnick Lehrman & Zissu, P.C. 2013 NY
Legal Malpractice News
A Pox on Both Houses in a Legal Malpractice Setting
This must have been a highly contentious legal malpractice case, with the Court showing its displeasure to both attorneys. A sanction of $10,000 on defendant pro-se attorney is unusual; a sanction on both sides even more so
Selletti v Liotti 2013 NY Slip Op 01816 Decided on March 20, 2013 Appellate Division, Second…
A Legal Malpractice Case about a Legal Malpractice Case, Not Quite Wound Up
Nichols v Curtis 2013 NY Slip Op 01776 Decided on March 19, 2013 Appellate Division, First Department is the story of how a legal malpractice case went awry and then how the legal malpractice case against the legal malpractice defendants went awry. Curtis & Associates, and an earlier Curtis & Riess-Curtis PC were early adopters in…
Professionals in the Middle of Legal Malpractice
Gardner v Leitgeb & Vitelli, LLP ;2012 NY Slip Op 50282(U) ;Decided on February 17, 2012 ;Supreme Court, Suffolk County ;Emerson, J. presents an interesting story of parents v. children, with professionals in the middle. More interesting, fraud, associations with organized crime, and a pizza location are all added in the mix of ingredients.
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The Non-Party Deposition in New York
A non-party deponent, served with a subpoena, arrives for a deposition. That non-party wisely brings an attorney. What may the attorney do at the deposition? It depends where the case is taking place. In the 4th Department (22 Counties, roughly half the state?) the attorney will be permitted no objections and may not speak. Sciara …
A Mistake and Negligence But No Remedy in Legal Malpractice
It as common as rain. Law firms hire clerical or service organizations to do things for the law firm. File papers, serve parties, perfect a security lien and file the UCC-1. What happens to the law firm, and the client, when things go wrong. Here, in Gutarts v Fox 2013 NY Slip Op 01492 Decided…
All the Wrong Kind of Damages in Legal Malpractice
For policy reasons New York Courts limit the types of damages that might be awarded in legal malpractice. Basically, as the NY Court of Appeals recently reiterated, only pecuniary loss may be the subject of legal malpractice litigation. This specifically and totally leaves out any type of emotional damages. Nevertheless people suffer these injuries when their attorneys…
A Pro-Se Victory for Defendant in this Legal Malpractice Case
The question of standing is frequently seen in shareholder-corporation cases and often leads to legal malpractice claims afterwards. In Lieblich v Pruzan 2013 NY Slip Op 01497 Decided on March 12, 2013 Appellate Division, First Department we see the converse.
"This is an action for, inter alia, legal malpractice arising from defendant attorney’s representation…
A Mixed Bag of Accounting Malpractice Time Limits
New York State Workers’ Compensation Bd. v SGRisk, LLC 013 NY Slip Op 50338(U) Decided on March 1, 2013 Supreme Court, Albany County Platkin, J. is an accounting malpractice and fraud case, but it has implications for legal malpractice, and the Court explains how causes of action for fraud, breach of fiduciary duty and…
It’s the Client, Not its Shareholders in Legal Malpractice
Client is faced with a buy-out situation in which it must move a store. Client hires attorneys to negotiate the buy-out and calculate how costs and taxes will affect the buy-out price. The attorneys do not calculate all taxes, and the buy-out price does not cover the taxes. Is this legal malpractice?