Plaintiff sues defendant as ABC, Esqs. and later finds out that the firm really is ABC, LLP. What are the consequences and how does one remedy the situation? One answer is given in Koch v Kyong Min 2011 NY Slip Op 31951(U) June 29, 2011 Sup Ct, NY County Judge: Emily Jane Goodman
However, not having…
Courts seem to scrutinize the question of damages to a higher degree in legal malpractice litigation. Break a leg in a slip and fall, and the Court will never review an x-ray on a motion for summary judgment; have a car crash and no court will call in the body-shop guy on the question of…
Car strikes pedestrian and pedestrian sues driver. Driver notifies its insurance company, and from there on in, the insurance company is in charge. Everything’s good, no? In this case, definitely not.
Kaur v American Tr. Ins. Co. ;2011 NY Slip Op 05938 ;Decided on July 14, 2011 ;Appellate Division, First Department shows just how…
Attorneys are notaries, simply for the asking. Notarized documents form the backbone of a legal system which relies upon their accuracy and deems the documents genuine. The system of legal documents in NY (forget aboutt the rest of America) would come to a screeching halt in the absence of recognition of notarized documents. What liability…
A legal malpractice case involving $2.5 million dollars in legal fees survived a motion to dismiss, and will continue. Brendon Pierson of the The NYLJ reported yesterday that Justice Gische of Supreme Court, New York County decided motions.
"Winston & Strawn must face a $2.5 million malpractice suit from former shareholders of pharmaceutical company…
We’re pleased to point to our NY Law Journal article in today’s paper on changes in the law following Estate of Schneider v. Finmann, 15 NY3d 306 (2010). For the full article, see today’s NYLJ.
OK, George Clinton was not exactly our first choice for music. After Jobim, Steely Dan, David Bromberg, he almost always came next. We are more interested, however, in his legal malpractice story. Here, without further embellishment is a very interesting article from the Hollywood Reporter.com.
"George Clinton is taking some revenge on the law firm…
We admit that this case has us a little confused. In Pollan v Attie ;2011 NY Slip Op 51285 (U)decided on July 11, 2011 ;Supreme Court, Nassau County ; Marber, J. we see a plaintiff with a car accident personal injury case. Attorney 1 stipulates to an arbitration with a high low. It seems not to…
Malvasio v Savran; 2011 NY Slip Op 31763(U); June 30, 2011; Supreme Court, Nassau County
Judge: Jeffrey S. Brown is an illustration of the "but for" element of legal malpractice. Plaintiff must be able to demonstrate that there would have been a better or different outcome had the attorneys done their job.
"Plaintiffs claim…
A Long Island practitioner persisted in moving and appealing, and the AD rewarded him with reversal of the dismissal of two of the causes of action in his case. In Hoffman v Colleluori
2011 NY Slip Op 05669 Decided on June 28, 2011 ; Appellate Division, Second Department we see the AD calculating the statute…
