Cases in Landlord-Tenant court often have sad back-stories, and even sadder endings. InAlves v 152-154 W. 131st St. Holding Co., Inc. ;2011 NY Slip Op 32328(U) ;August 25, 2011
Supreme Court, New York ounty ;Docket Number: 116783/10 ;Judge: Donna M. Mills we see only the begining of a tale so complex, that it does…

We’ve asked in the past whether there is an institutional bias against legal malpractice cases.  Self-regulation of industries ( the LIBOR, for example) often lacks any rigor.  The legal world also, in a way, self regulates.  It is after all, rules for attorneys, written by attorneys, administered and judged by attorneys.  In Wiener v Epstein  …

Legal Malpractice cases arise everywhere, and in so many circumstances,  In Manus v Flamm , 2011 NY Slip Op 31691(U); Supreme Court, New York County; Docket Number: 110026/2007; Judge: Debra A. James tells an interesting story of divorce, legal malpractice and itinerant jewelery. Plaintiff is the divorced wife, who is owed $ 1 million in the…

In an otherwise garden or varietal attorney fee dispute with a legal malpractice defense, we ran across the "French Person" defense to attorney fees for the first time. Justice Gische, in Singer v Adler ;  2010 NY Slip Op 33439(U);  Sup Ct, NY County gave it short shrift.

"This action is based upon claims for…

Client retains Attorney 1 who is said to commit legal malpractice, and then retains Attorney 2 to try to help fix the problem, and later, to sue Attorney 1.  What communications between client and Attorney 2 are privileged.  in Roberts v Corwin   2012 NY Slip Op 32403(U)   September 10, 2012
Supreme Court, New York County  …

A potential client comes to the legal malpractice practitioner and says that a good medical malpractice case was lost at trial because of errors by their attorney. They tell you that their expert was precluded, and that the case was lost against all defendants. What’s more, the defendants were permitted to ask hypothetical questions that…

The area of estate legal malpractice was seismically upset when the Court of Appeals decided Schneider v. Finmann.  Here, inSobel v Ansanelli  2012 NY Slip Op 06202  Decided on September 19, 2012  Appellate Division, Second Department   we do not see the standing issue.  This decision works its way through a legal malpractice…

Law firm is retained by A and knows that A and B have a contractural relationship. During the representation A notifies the law firm that if the case is settled some money will be given to B. By the time that the case is actually settled, A rescinds the advice and tells the law firm…