In times of emergency, it might be a bit nerdish to worry about filing dates, but…

It’s obvious that the failure to file papers  on time can be a rich source of legal malpractice litigation, but for the period of October 26, 2012 until further notice, there is little that might arise in this area…

Selection of an expert and the use of an expert at summary judgment has been fraught with uncertainty after Construction by Singletree Inc. v. Lowe in which Supreme Court declined to consider an expert affidavit, as no CPLR 3101 had been filed prior to the motion.  Now, in Rivers v Birnbaum   2012 NY…

Reading this case produces an image of a train rolling through the countryside, without anyone at the controls.  It is the story of a car accident, an unjoined party, and mistake after mistake.  In the end plaintiffs are non-suited and all the efforts are for naught.

Di Giacomo v Michael S. Langella, P.C.  2012…

Our meme is that legal malpractice is ubiquitous and may arise in almost any setting.  Here, in a medical malpractice case we see what could have been a nasty legal malpractice had the AD no intervened.  In Westchester, cases go the the Trial Assignment Part which has broad discretion in the scheduling of trials.  There is…

We’ve noted in the past that legal malpractice cases sometimes have a history of legal malpractice within them. As an example, Moray v Koven & Krause, Esqs. 2010 NY Slip Op 07573 ; ;Court of Appeals ;Read, J. serves well. it involves a legal malpractice case levied against a former attorney who was involved…

Today’s New York Law Journal reports that attorney collections cases are up, and as many as 7 a week are being filed in New York County. As morning follows night, there will be a commensurate number of legal malpractice counterclaims. Christina Simmons writes:Suing clients for unpaid legal fees could become routine as firms are growing more assertive about collecting…

The early days of the 20th century brought us the Robber barons, and the rise of corporations. The interconnectedness and remote nature of the relationships challenged the Courts, and led to a school of "better practice" business aspiration. Today, as long as a profit motive exists, there will be arrangements between persons which are created…

One aspect of legal malpractice litigation is the failure to follow developments in the law. Rules change and not keeping up with the changes leads to mistakes, criticism and, later, litigation. The rules for non-party discovery have undergone some changes over the years, and today’s decision is worth reading.

In Kooper v Kooper ; 2010…