Plaintiff loses in Supreme Court, and dismissal is affirmed in the Appellate Division in this legal malpractice case.  Voutsas v Hochberg   2013 NY Slip Op 00803   Decided on February 7, 2013
Appellate Division, First Department  discusses the limits of the fraud discovery rule, as well as continuous representation.
 

"The fraud and breach of contract…

Justice Ritholtz of Supreme Court, Queens County lays the issue out in the first sentence of the decision in 150 Centreville, LLC v Lin Assoc. Architects, PC   2013 NY Slip Op 23038 Decided on February 6, 2013  Supreme Court, Queens County Ritholtz, J.    "The questions involved in this action are whether there should be any…

It’s medical malpractice which is something we don’t usually write about, but Justice Schlesinger’s opinion in this medical malpractice summary judgment opinion is well worth reading.  Balzola v Giese  2013 NY Slip Op 30324(U)  February 5, 2013  Supreme Court, New York County  Docket Number: 114205/2009  Judge: Alice Schlesinger slowly and thoroughly works it way through…

Hsu v Liu & Shields LLP  2013 NY Slip Op 30291(U)  February 7, 2013  Sup Ct, New York County
Docket Number: 400781/12  Judge: Richard F. Braun is the story of how one set of plaintiffs lost this case twice, in fact three times.  Plaintiff is pro-se, and complains that he and other plaintiffs were the…

In Balkheimer v Spanton   2013 NY Slip Op 00715   Decided on February 6, 2013   Appellate Division, Second Department   we see two law firms, and their stellar legal malpractice defense attorneys fighting over who is more responsible to plaintiff.  In a situation such as this, we see the unusual (but not unprecedented) comedy of legal…

The New York Law Journal reports a Pryor Cashman legal malpractice and billing case today.  It’s a very big fee, and Judge Schweitzer decides for the law firm today in Pryor Cashman LLP v. U.S. Coal Corporation, Supreme Court, New York County, Index No. 651908/2011.

"Plaintiff Pryor Cashman LLP moves, pursuant to CPLR 32…

You want to sue your attorney, and the security guard downstairs won’t let the process server up.  The process server goes there several times, and fails to get upstairs.  What is one to do?

Miller v Friedman  2013 NY Slip Op 30282(U)  January 29, 2013  Supreme Court, New York County Docket Number: 400833/12  Judge: Joan…

Defendant attorney represented buyer in a real estate transaction, in which she obtained only a part of what she expected to get.  Who was at fault, the attorney or the title company?  The Court decided that the title company was not responsible and the attorney went to trial.  After trial, in which the buyer obtained…