As we discussed yesterday, courts are eager to dismiss legal malpractice cases, early in the case or late, on the question of whether Client can show that "but for" the attorney’s negligence there would have been a better economic outcome for the client. Mackey Reed Elec., Inc. v Morrone & Assoc., P.C.  2015 NY Slip…

We believe that a higher percentage of legal malpractice cases suffer dismissal, either at the answer or at summary judgment than do other forms of litigation in negligence.  Admittedly, we have but anecdotal evidence.  Nevertheless, Facie Libre Assoc. I, L.L.C. v Littman Krooks, L.L.P.
2015 NY Slip Op 01389  Decided on February 17, 2015  Appellate…

Clients get the benefit of an extended statute of limitations under the principal of continuous representation.  It arose out of "continuing treatment" in the medical malpractice world.  In legal malpractice, there must be some evidence of a "continuing relationship of trust and confidence" between client and attorney.  Absent that, the statute begins on the day…

It’s a well known meme that real estate is close to the heart of New Yorkers.   "Location, location, location" is a phrase bandied about even by schoolchildren.  So, it’s no surprise that real estate transactions may figure in a legal malpractice setting.  Here, in Rojas v Paine  2015 NY Slip Op 01258  Decided on February…

Where Plaintiff may sue the attorney is the question of venue.  Generally speaking, it is in the county where the plaintiff resides, or where the defendant resides.  PCs "reside" in the county where their principal place of business is.  However, the location of the attorney’s office need not be the county where the principal place…

Attorney 1 handles a case for a period of time, and then the case is turned over to Attorney 2.  At the time of transfer the case is active nor is under imminent threat of dismissal.  Later, while Attorney 2 is handling the case, something goes wrong, and a legal malpractice case is started against…

It’s rare for the AD to start off a decision with a recap of two earlier appeals.  In Dischiavi v Calli
2015 NY Slip Op 01116   Decided on February 6, 2015  Appellate Division, Fourth Department four different defense law firms have been making motions to dismiss, so far, without any success.  On this third try…

Husband and wife live and love for a long time, then things descend into divorce.  All of a sudden, money gifts  from the in-laws turn into loans, and the husband is asked to repay her parents.  He’s aghast, and fights back.  Eventually wife agrees that these were not loans at all.  Does the husband have…