Spoliation of evidence is a certain basis for dismissal. Negligently, or even worse, intentionally allowing key evidence to be lost or destroyed deprives the opponent of discoverable exculpatory evidence. Such loss is rarely countenanced.
Manno v Hayes Law Practice, PLLC 2020 NY Slip Op 31228(U) May 6, 2020 Supreme Court, Kings County Docket Number: Index…
In a recurring theme, the “but for” element of legal malpractice is the place where battles are lost. Rag & Bone Holdings LLC v Hand Baldachin & Assoc. LLP 2020 NY Slip Op 31149(U) May 2, 2020 Supreme Court, New York County Docket Number: Index No. 156994/2019 Judge: Andrea Masley is a fine example. The…
The formulaic decision in Kahlon v DeSantis 2020 NY Slip Op 02464 Decided on April 29, 2020 Appellate Division, Second Department comes with a recitation of the standard of a CPLR 3211(a)(7) motion, and a theoretical discussion of the requirement of “but for” causation. There is no guidance to the bar in how the alleged…
Real Estate in Manhattan, whether in a pandemic or not, remains a very significant economic force. Real estate transactions remain a very significant portion of the legal malpractice world in NYC. Here, a multi-million dollar co-op purchase went sour over the next door building’s right to add several floors and a penthouse. The addition would…
With a serious injury, and with the best of intentions, Plaintiff hires a well regarded law firm to obtain compensation. The law firm sues an incorrect governmental entity, in this case the City of New York rather than the U.S. Is this legal malpractice? To answer this question we revert to the four elements of…
Real estate is a recurrent theme in the NY legal malpractice world. In a way it’s location, location, location. Real estate transactions comprise big money in New York, big money involves attorneys, and where there is attorney activity, there is someone who loses in the transaction. Where there is a lose in a transaction, there…
You have the legal malpractice attorney defendant in a deposition. Are you permitted to ask questions ? Of course. Are they limited to factual questions such as “when were you retained?” or “on what day did you file the motion?” Surprisingly, no. Longstanding case law allows the defendant attorney to be questioned as an expert…
New questions, including those that might have seemed naïve in the past are being asked. How will the pandemic affect representation of injured clients? How will attorneys go about their daily tasks? Will there be new classes of legal malpractice claims as clients suffer negative outcomes? Will force majeure be applied to claims against attorneys…
The question will inevitably come up, perhaps in February 2023 whether the negative outcome of a case in March, 2020 was the result of legal malpractice, force majeure or merely inevitable circumstance. Judge Marks has published an extensive direction that all “non-essential” matters be postponed. So, will the failure to make a certain motion be…
The Second Department rarely reverses summary judgment in a legal malpractice setting. Of that subset of rare reversals, matrimonial legal malpractice is a very small portion. Nevertheless, in Lauder v Goldhamer
2020 NY Slip Op 01152 Decided on February 19, 2020 Appellate Division, Second Department appellant won all around.
“The plaintiff commenced this action alleging,…
