Justice Ling-Cohan writes a basic textbook of how an account stated case is decided in an attorney fee setting in Mintz & Fraade, P.C. v Docuport, Inc.  2012 NY Slip Op 30974(U)  April 11, 2012  Supreme Court, New York County  Docket Number: 603125/07  Judge: Doris Ling-Cohan.  Here the law firm loses.

"Before this court…

This attorney fee dispute went through the Supreme Court, the Appellate Division, Arbitration, and back to Supreme court.  In the end opposition papers were rejected, cross-motions were filed 5 hours late, and the case ended up with a big award on the attorney fees.  We wonder if they are collectible?

In Hoffinger Stern & Ross, …

In the Third Department certain types of cases seem to predominate. One such type is tax matters. This case, Dealey-Doe-Eyes Maddux v Schur ; 2011 NY Slip Op 02763 ; Appellate Division,  Third Department falls into that category. A failed tax action against Fulton County, followed by a failed legal malpractice action, followed by two later…

Some years ago the Legislature overruled the Court of Appeals, and passed CPLR 214(6). That statute was interpreted to say that all claims against an attorney (some other professionals) were subject to a 3 year statute, whether the claim was made in negligence or contract.

Here, in Walter v Castrataro   2012 NY Slip Op 02676   Decided on…

The short answer to the question is yes, they do;  the longer answer to the question is that their rights to first amendment protection of speech is very limited, and litigation over those rights will be stringently examined, or better put, subject to strict scrutiny.  In Ruotolo v Mussman & Northey
2012 NY Slip Op…

Legal malpractice cases require that one prove a departure, a proximate cause, that but for the mistake there would have been a better and different outcome and ascertainable damages.  In Angeles v Aronsky   2012 NY Slip Op 30851(U)  April 2, 2012  Sup Ct, NY County  Docket Number: 100091/2009  Judge: Judith J. Gische  we see how a…

Judiciary Law 487, one of the oldest statutes in the Anglo-American law remains imprecise and widely available to interpretation.  in Strumwasser v Zeiderman ; 2012 NY Slip Op 30772(U)
March 15, 2012 ;Supreme Court, New York County ; Docket Number: 113524/2010;
Judge: Joan A. Madden we see the Court struggling with the question of whether…

Appellate Decisions are always correct, well reasoned, and exquisitely written. Sometimes they are recalled and changed.Landa v Blocker 2011 NY Slip Op 06370 ;  Appellate Division, Second Department is an example of the result of persistence in appellate work.
This case is an attorney fee/legal malpractice matter in which it was alleged that the…