The Third Department gives a nice analysis of the law of "account stated" in its decision, Antokol & Coffin v Myers ;2011 NY Slip Op 06051 ;Appellate Division, Third Department .
""’An account stated is an agreement between parties to an account based upon prior transactions between them with respect to the correctness of…
Plaintiff is injured while at work as a teacher in NYC and goes to an attorney. The attorney advises her to bring a Workers’ Compensation Claim, and does so for her. More than 90 days passes, and lo and behold, it turns out that Teachers in NYC are not covered by WC, and are (must)…
Legal malpractice and arbitration, even arbitrations that are on the edge of the legal malpractice case have an uneasy relationship. Courts are more than willing to dismiss legal malpractice cases because of an earlier arbitration. It need not have been on the ultimate merits of whether the attorney departed from good and accepted practice. It…
The answer to today’s question is "quite a ways." Without further comment, here is Breytman v Schechter ; 2011 NY Slip Op 51375(U) ; Supreme Court, Kings County Schack, J.
" In my prior February 8, 2011 decision and order, I granted defendants summary judgment and dismissed the instant action with prejudice. However, despite the…
Attorneys frequently use LLPs or PCs as their corporate identity. Does this really make a difference in small or single attorney settings? The short answer is: "yes!" in Teodorescu v Resnick & Binder, P.C. ;2010 NY Slip Op 20400 ;Supreme Court, Kings County ;Kurtz, J. we see what happens when plaintiff fails to name…
There are conflicting rules in the 4 departments of New York. In legal malpractice, it is plaintiff’s obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. In the First Department, it is an affirmitive defense for defendant to prove.
Here is a…
As we come up on the end of the baseball season, we are reminded of the Yogi Beria phrase. Here inPsomostithis v Matthews 2012 NY Slip Op 32232(U) August 20, 2012 Supreme Court, Queens County Docket Number: 15200/06 Judge: Martin J. Schulman we see that processing and succeeding at a legal malpractice case…
As we come up on the end of the baseball season, we are reminded of the Yogi Beria phrase. Here inPsomostithis v Matthews 2012 NY Slip Op 32232(U) August 20, 2012 Supreme Court, Queens County Docket Number: 15200/06 Judge: Martin J. Schulman we see that processing and succeeding at a legal malpractice case…
Ponce v Howard Simmons, P.C.; 2012 NY Slip Op 32247(U); August 23, 2012; Supreme Court, New York County; Docket Number: 108692/07; Judge: Martin Shulman is a classic immigration legal malpractice matter. It seems that there are ever changing INS or ICE or Homeland Security forms and programs and that the able immigration practitioner has to…
Sometimes its obvious what responsibilities the attorney will take on in a new representation. If it’s a motor vehicle accident, then the attorney is hired to prosecute the personal injury action, up to and including trial. Here, in Hallman v Kantor ;2010 NY Slip Op 03280 ;Appellate Division, Second Department the attorneys took on a more…
