we’ve often written about privity and legal malpractice, and ran across this case illustrating the boundaries of privity in medical malpractice.  The facts are ghastly, and the outcome, for plaintiff, is doubly hurtful.

In Fox v Marshall ; 2011 NY Slip Op 06214 ; Decided on August 9, 2011 ; Appellate Division, Second Department…

Plaintiff sues attorneys for a divorce situation in which he alleges they represented both him and his wife, and lost about $1 million for him in the proceedings.  His complaint, in Verdelis v Landsman ; 2011 NY Slip Op 32196(U); August 8, 2011; Sup Ct, NY County; Docket Number: 651767/10; Judge: Judith J. Gische survives…

In this recurring situation, plaintiff has both a California and a NY connection, and hired an attorney to do some work, which eventually goes sour.  Frequently a case like this comes up in the entertainment field, with its CA and NY roots.  As an example, Basilotta v Warshavsky ; 2011 NY Slip Op 32185(U); August 2, 2011…

Chiantella v Kroll ;2011 NY Slip Op 32140(U) ;July 19, 2011 ;Sup Ct, Nassau County; Docket Number: 019337/07; Judge: Jeffrey S. Brown is a case that seems strange on all fronts.  Son is the beneficiary of mother’s trust, yet when she dies, he seems held hostage by the attorneys of the estate.  Since the…

It’s not as simple as one might think.  in Young v Quatela ;2011 NY Slip Op 32143(U); July 18, 2011;Sup Ct, Nassau County;Docket Number: 601658/09;Judge: Thomas Feinman we see how family and representation might be stretched or constricted based upon circumstances.

"The plaintiff moves by way of Order to Show Cause for an order…

Such is one of the allegations in Chiantella v Kroll, 2011 NY Slip Op 32140(U); July 19, 2011; Sup Ct, Nassau County, which was recently decided by Justice Brown.  The fact pattern suggests that what is discussed is simply the tip of the otherwise submerged iceburg.  How this situation arise is not fathomable.  Here…

In this fascinating case, everyone lost, yet no one except Marc Dreier seems to be in the wrong.  Plaintiffs went through a bankruptcy with their business Cosmetics Plus.  They suffered the loss of two stores at WTC 1, and obtained insurance payments from AIG.  Defendants represented them in the bankruptcy, and then took their law…

In Bernard v Proskauer Rose, LLP ; 2011 NY Slip Op 06184 ; Decided on August 4, 2011 ; Appellate Division, First Department  we see a situation in which plaintiff sues his attorneys, who defend by arguing that the plaintiff brought it all upon himself.
 

"In this action for legal malpractice, breach of fiduciary…