Sometimes the critics are right. Legal malpractice cases are sometimes simply a reflex and are brought because the attorney is the last person standing. Carr v Hayes; 2011 NY Slip Op 31655(U); June 17, 2011; Supreme Court, New York County ;Docket Number: 104602-10;
Judge: Saliann Scarpulla appears to be such a case.
"Carr commenced…
The short answer is No. The longer answer, and an explanation is found in Jean-Baptiste v The Law Firm of Kennth B. Mock; 2011 NY Slip Op 31540(U) ;May 26, 2011; Sup Ct, Nassau County
Docket Number: 20409/10 ;Judge: Antonio I. Brandveen.
"[T]the Second Deparment holds: "(a) plaintiff is not obligated to show…
How many ways might a simple house sale contract go wrong? Aromino v Van Tassel ; 2011 NY Slip Op 51058(U) ; Decided on June 6, 2011 ; Civil Court Of The City Of New York, Richmond County ; Straniere, J. points out a plethora.
Plaintiffs contract to buy a house, and give a…
Judiciary Law 487 is an attorney related statute that derives from one of the oldest English laws, carried over to New York statutes. It is over 700 years old, in its earliest version. inBaker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuworth, LLC v Comprehensive
Mental Assessment & Medical Care, P.C.; 2011 NY Slip…
In this case, Plaintiff made such a persuasive argument that Supreme Court granted summary judgment and the AD affirmed. Failing to tell a client about title problems is legal malpractice, says the AD in Ehrenhalt v Kinder ; 2011 NY Slip Op 05194 ; Decided on June 16, 2011 ; Appellate Division, First Department .
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T&V Constr., Inc. v Margolin; 2011 NY Slip Op 31598(U); June 3, 2011; Sup Ct, Nassau County
Docket Number: 0834/08 ;Judge: Anthony L. Parga demonstrates that no good deed goes unpunished. In short, after getting divorced, plaintiff is told that his ex can’t pay the mortgage on the old marital home. He has his…
Scott v Fields ; 2011 NY Slip Op 05043 ; Decided on June 7, 2011 ; Appellate Division, Second Department is not the first mortgage-legal malpractice case, but it appears to be the most extensively written 2d department opinion in one. Here, as in most mortgage fraud cases, there is a straw buyer, the belief…
Justice Judith Gische writes clear and unambiguous decisions, and often, one side or the other gets hurt. Schindler v Lester Schwab Katz & Dwyer, LLP ; 2011 NY Slip Op 31519(U); June 6, 2011 ;Supreme Court, New York County; Docket Number: 115967/2010; Judge: Judith J. Gische is one example.
Plaintiff was sued by law…
When may a legal malpractice litigant obtain prejudgment interest (interest from the date of malpractice to present)? When the malpractice arises from the loss of a cause of action. In DiTONDO v Meagher ; 2011 NY Slip Op 04805 ; Decided on June 9, 2011 ; Appellate Division, Third Department the third department enunciated two…
Reported on the front page of the NY Law Journal today is a $ 5 million dollar legal malpractice verdict and judgment that could swell to $ 10 million after interest. in Friedman v. Boros, Justice Jaffe determined that the jury verdict will stand, and that pre-judgment interest in this commercial legal malpractice case…
