The legal malpractice statute of  limitations commences when the mistake is made.  It runs for three years from that date, although it may be tolled by the continuous representation doctrine.  That continuous representation doctrine requires that the attorney and client agree that more work needs to be done, that the attorney continues to work on…

Dealy-Doe-Eyes Maddux v Schur   2013 NY Slip Op 01309  Decided on February 28, 2013 Appellate Division, Third Department  is the remaining portion of a twin legal malpractice case that has suffered grievous injury.  "Plaintiff commenced two legal malpractice actions against defendant, the second of which proceeded to trial and was dismissed by Supreme Court…

Its becoming harder to discern when a Judiciary Law 487 pleading will withstand a motion to dismiss on the pleadings.  In Cohen v Kachroo  2013 NY Slip Op 30416(U)  February 22, 2013
Supreme Court, New York County  Docket Number: 111735/10  Judge: Eileen A. Rakower  the motion to dismiss was denied, unfortunately without significant comment…

Coverage under a legal malpractice insurance policy, is the sole reason for paying premiums, and probably one good reason that litigating attorneys fall asleep at night. They are handling multi-million dollar cases, earning big fees and (hopefully) helping their clients.  If it all goes wrong, and in the field of human events there are always mistakes…

Rather than try to boil this case down, we quote fromHadar v Pierce  2013 NY Slip Op 30185(U)
January 4, 2013 Sup Ct, New York County Docket Number: 652811/11 Judge: Eileen Bransten. 

"This action arises from an underlying dispute between Eric Hadar and his father Richard Hadar. Eric Hadar has been a successful real…

To what extent did defendant attorneys participate in the negotiation and advice given to a doctor who had a condo along with a professional suite, and then rented the suite?  Was co-defendant the attorney who gave all the advice and defendant merely one who attended the closing?

In Gershkovich v Miller, Rosado & Algios, LLP …

Plaintiff must always prove that departures from good and accepted practice by the defendant were a proximate cause of the injury.  Note that there need be no proof that the departure was the proximate cause.  In Arbor Realty Funding, LLC v Herrick, Feinstein LLP   2013 NY Slip Op 01216
Decided on February 26, 2013  …

Complaints might be compared to a precision rifled single shot or to a shotgun, in which an ever-widening pattern of scatter shot is fired.  Complaints patterned on either might be successful, but Iwachiw v Bahr  2013 NY Slip Op 30283(U)  January 11, 2013  Supreme Court, New York County
Docket Number: 401546/2011  Judge: Lucy Billings chose the shotgun…