People start LLCs and other juridical entities in order to obtain a shield from personal liability. Interests change over time which can cause difficulties later. Brach v Levine 2012 NY Slip Op 51312(U) Decided on July 16, 2012 Supreme Court, Kings County Battaglia, J. is an example.
Despite the shocking allegation that defendant " Levine…
In New York City condominiums are a rich source of litigation. At the ownership level, one sees litigation over the buying and selling; at a personal injury level, one sees slips and falls. In the construction of the buildings, negligence and indemnification between general contractors and subs is an ongoing field of law. Here, in…
It’s pretty well accepted that a legal malpractice claim accrues on the date the mistake is made, but in . DURAN, -v- MOODY, REDNISS MOODY LLP, EDWARD J. GREENFIELD, LAW OFFICE OF EDWARD J. GREENFIELD, Defendants. o. 11 Civ. 6155 (LTS)(JLC) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2012 U.S. Dist.
The Fourth Department, in what we see as strong terms, reiterated that it is always the attorney’s job to prepare the case, and that responsibility may not be shifted to the client. Even when the client participates in the preparation it remains a responsibility of the attorney.
Legal malpractice litigation is aimed at a large variety of events. Damages are suffered by clients in two distinct areas. One is where an underlying damage award is lost. Think auto accident which should have netted personal injury award is brought too late.
A second area of damages is unnecessary legal fees to remedy an…
Client was sued for legal fees and counterclaimed for legal malpractice. As has happened many times before, a bankruptcy filing prior to the law suit deprives client of the capacity to sue the attorneys. How does this happen?
In the Bankruptcy petition, one must schedule all potential claims that one reasonably knows of. This includes a…
Potential legal malpractice clients often wonder whether it is better to try to fix the problem or sue the attorney. The answer to this question is the highest form of speculation. Its far more difficult to predict the future events in litigation than to pick a winner from a 9 horse field.
7 related legal malpractice actions are now joined and will be jointly tried in Nassau County. in Alizio v Feldman 2012 NY Slip Op 05378 Decided on July 5, 2012 Appellate Division, Second Department we see the aftermath of a partnership battle. "The plaintiffs commenced this action, inter alia, to recover damages for legal malpractice…
Justice Judith Gische writes clear and unambiguous decisions, and often, one side or the other gets hurt. Schindler v Lester Schwab Katz & Dwyer, LLP ; 2011 NY Slip Op 31519(U); Supreme Court, New York County; Docket Number: 115967/2010; Judge: Judith J. Gische is one example.
Plaintiff was sued by law firm 1 for fees. He…
Legal malpractice litigation is a complicated matter, with the need to prove hypothetical outcomes, requirements for experts, and proofs that things would have come out differently. It is not for the faint of heart. Pro-se litigants do poorly here.
In Kovitz v Wenig, Ginsberg, Saltiel & Greene, LLP ; 2011 NY Slip Op 50768(U)…
