Ginsberg v Broome ; 2012 NY Slip Op 02585 ; Decided on April 5, 2012 ; Appellate Division, First Department opens the curtain over how partnerships break up, and the fall out over telling an insurance company that there had been legal malpractice committed by a partner. This case has been partialy dismissed in Supreme
Legal Malpractice News
One of the Difficulties in Matrimonial Legal Malpractice
How does one prove that the settlement was not good enough, given the circumstances? How does one prove that had this or that taken place, that Husband would have paid less, and more to the point, how does one prove that Husband was the victim rather than the beneficiary of the settlement? It’s all in…
A Really Old Teacher Case and Legal Malpractice
Plaintiff is injured in 1982 and again in 1983. This month a legal malpractice case arising from the two cases was partially dismissed in Supreme Court, New York County. In the interim the world has changed.
Deutsch v Ullman 2012 NY Slip Op 30748(U) March 23, 2012 Sup Ct, New York County Docket Number: 110595/2010 …
A Legal Malpractice Case Fails
In Eighth Ave. Garage Corp. v Kaye Scholer LLP 2012 NY Slip Op 02402 Decided on March 29, 2012 Appellate Division, First Department Kaye Scholer defended itself, and obtained dismissal. Schwartz & Ponterio were unable to save the case for plaintiff.
The Court held that "Plaintiffs failed to allege facts in support of their…
A Big Condo Deal and Legal Malpractice
It’s difficult to say which is the more perplexing problem in this case. Is it the loose procedure in which a client put down $ 1.1 million on a condo with few safeguards, or the manner in which the legal malpractice case is being handled? in Cheong v Lau 2012 NY Slip Op 30725(U) March…
Overbilling, Malpractice and the Aftermath
Justice Goodman of Supreme Court, New York County hads a caseload full of legal malpractice cases before she retired. Here is an accounting malpractice case coming as a counterclaim for accounting fees, but the idea is just the same. InPerelson Weiner, LLP v Allison NY Slip Op 2010 31679 06/29/2010 Supreme Court, New York County…
An Endless Source of Legal Malpractice Litigation
Attorney fees are an endless source of conflict. They have always been an endless source of conflict. We faintly remember from high school that Abraham Lincoln was involved in attorney fee litigation. Today is no exception. in Landa v Blocker 2011 NY Slip Op 00191 ;Appellate Division, Second Department we see attorney fees in the…
What Happens When the Attorney Changes Firms?
The Law sites are consistently filled with stories of partners leaving firm A for firm B, and sometimes taking assoicates with them. Law firms fold and are re-cast as new firms. How does this restelss movement affect legal malpractice clients?
In The New Kayak Pool Corp. v Kavinoky Cook LLP ;2010 NY Slip Op 05176…
Nigerian Fraud Letters and Legal Malpractice
We commonly get two types of fraud letters, and they come all the time. One recent type is the "collaborative divorce" letter in which an offshore spouse needs help collecting a large equitable distribution check from the US spouse. Another type is the offshore large corporation that needs help collecting a debt from a US…
A Second Try at Summary Judgment in a Legal Malpractice Case
There is a rule against successive motions for summary judgment. The usual understanding is that you get one shot, and if you take it too early, or upon insufficient evidence, then too bad. However, in Alaimo v Mongelli 2012 NY Slip Op 02071 Decided on March 20, 2012 Appellate Division, Second Department we see a…