Client in this case has had some bad turns. Unjustly convicted of a crime, imprisoned, exonerated, and then the suit against NYS is dismissed. Client sues attorney for failing to file "documentary" evidence in support of the NYS suit. At last, Supreme Court denies dismissal and the AD affirms.
In Gioeli v Vlachos ; 2011…
Pro-se litigants on both sides is often a recipe for long lasting litigation. In this Landlord-Tenant case, one might say it went viral. Starting with a garden or varietal L&T case, an appeal to the Appellate Term followed, then a pro-se action in EDNY, and then a case in civil court. In the end, plaintiffs…
Granted, Cadichon v Facelle ; 2011 NY Slip Op 08447 ; Decided on November 21, 2011 ; Court of Appeals ; Pigott, J. is a medical malpractice case, but it could have easily morphed into a legal malpractice case. The Court of Appeals’ decision on dismissals under CPLR 3216 is highly likely to arise in…
When is a medical record discoverable, in general, and specifically, when are medical records from an "underlying injury" discoverable in a legal malpractice case? One answer is set forth in Paliouras v Donohue ; 2011 NY Slip Op 08736 ; Decided on November 29, 2011 ; Appellate Division, Second Department. The rule is simple…they are discoverable…
The first thing that should be said is that this is not a legal malpractice case; it is, however, a breach of fiduciary duty case. A agrees with Plaintiff that plaintiff will lend her name to two real estate transactions to purchase one family homes, and A will rent them out, collect rent, and pay…
In a word, no, and the law firm who gave an opinion letter is not responsible. In Fortress Credit Corp. v Dechert LLP 2011 NY Slip Op 08626; Decided on November 29, 2011 ;
Appellate Division, First Department we see Dechert LLP obtain a reversal of Supreme Court’s decision and dismissal. Here are the facts…
This case was brought against the estate of an attorney, and claims legal malpractice. One sometimes wonders how the family of a deceased attorney picks up the pieces of the practice, turns what assets remain (especially cases in situ) into something of value, hands the cases off to other attorneys, and closes out that portion…
Sometimes a legal malpractice complaint is difficult to understand and sometimes it is plain as day. This case seems to be an example of the plain variety. Gioeli v Vlachos ;2011 NY Slip Op 08559 Decided on November 22, 2011 Appellate Division, Second Department .
‘Here, the plaintiff alleges that the defendants committed legal…
This was a divorce case, and the couple had a business. What was the business worth? How was it to be split? Was there an appraisal? Strumwasser v Zeiderman ; 2011 NY Slip Op 32971(U); October 18, 2011; Supreme Court, New York County; Docket Number: 113524/10
Judge: Joan A. Madden is a case in which…
in Frederick v Meighan ;2010 NY Slip Op 06076 ;Appellate Division, Second Department we see the effect of Attorney 2 failing to clean up Attorney 1’s mistakes. In addition we see an instance of what we believe to be a systemic aversion to legal malpractice cases. Here, for example, Supreme Court sua sponte grants dismissal…
