Both the underlying case and the legal malpractice case were resolved by summary judgment, except that the Appellate Division reversed dismissal of the legal malpractice case, and determined that the motion was so deficient that they did not need to read plaintiff’s brief.

In Lever v Roesch   2012 NY Slip Op 08699  Decided on…

Sometimes, the world of legal malpractice seems to be topsy-turvy in the sense that defendants point to their acts as proof that they did not commit legal malpractice, and plaintiffs point to the same act to prove the opposite. Here in Marom v Anselmo ; 2011 NY Slip Op 08914 ;  Appellate Division, Second Department…

Personal injury and legal malpractice cases have many strong bonds.  Because a sizable portion of the litigation world is devoted to personal injuries (on both the plaintiff’s and defendant’s side), one correctly expects significant legal malpractice litigation after-wards.  How the legal malpractice case proceeds along with or after the PI case is a not well understood…

Breytman v Schechter   2012 NY Slip Op 08475   Decided on December 12, 2012   Appellate Division, Second Department seems to be the culmination of a very contentions case.  Early on, Plaintiff earned the ire of Justice Schack in Supreme Court, Kings County.  The AD now has written a decision which in many ways mirrors the…

The attorney has died, and the legal malpractice case continues.  In Leon Petroleum, LLC v Carl S. Levine & Assoc., P.C.  2012 NY Slip Op 32913(U)  December 5, 2012  Supreme Court, Suffolk County  Docket Number: 08-36154  Judge: Daniel Martin the result turns on what an expert may say in a summary judgment affidavit.

Plaintiff…

Attorney is retained by plaintiff to prepare a commercial and corporate agreement between plaintiff and a commercial suitor. In the end, plaintiff claims, attorney took a look at plaintiff’s niche business, then formed its own spin-off company to compete. Competition rose to the $ 2.5 billion level. Justice Feinman rendered a decision in Sharbat v …

The decision is somewhat short on facts, but we guess that this case arose froma settled landlord-tenant case in which tenant then died.  His estate sued his former attorneys, and the case continues.  Frankel v Vernon & Ginsburg, LLP   2012 NY Slip Op 08425   Decided on December 6, 2012   Appellate Division, First Department   tells…

It seems that in this particular legal malpractice case there have been three successive motions for summary judgment.  Supreme Court decided one way, then reversed itself, and re-reversed itself.  Finally, after more depositions, it granted summary judgment on the third or fourth try.  Is this permissible?

Coccia v Liotti   2012 NY Slip Op 08273   Decided…