By Andrew Lavoott Bluestone on Posted in UncategorizedCiting a “strong public policy to dispose of cases on their merits” the Appellate Division First Department reversed in Cornwall Warehousing, Inc. v Lerner 2019 NY Slip Op 02825 Decided on April 16, 2019. “Plaintiffs demonstrated a reasonable excuse for their default (CPLR 5015[a][1]), based on law office failure, as detailed in the affirmation of their former… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedJL§ 487, possibly the oldest part of the anglo-american common law, but for the Magna Carta, regularly comes up in legal malpractice settings. Here, in Sammy v Haupel 2019 NY Slip Op 02372 Decided on March 27, 2019 the Appellate Division, Second Department affirms the dismissal of a claim against Wilson Elser and its top attorneys. “The… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice Cases,UncategorizedSince attorney fees seem to power the world, allowing for litigation and defense, and accounting for more than 60% of all attorney law suits, it is not surprising to see Soni v. Pryor come up again and again. In McGlynn v Burns & Harris 2019 NY Slip Op 02335 Decided on March 27, 2019 Appellate Division, Second Department the… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedIn Nowlin v Schiano 2019 NY Slip Op 02216 Decided on March 22, 2019 Appellate Division, Fourth Department affirmed the decision of Supreme Court, Monroe County. With a recitation of Supreme Court’s standard, it concludes that there is no substance to the pro-se claim. Further explantion, there is none. “Memorandum: In this legal malpractice action, plaintiff appeals from an… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedAn-Jung v Rower LLC 2019 NY Slip Op 30600(U) March 6, 2019 Supreme Court, New York County Docket Number: 152694/2018 Judge: Francis A. Kahn III is a thoughtful discussion of the difference between legal malpractice and an overbiling case. Here, in a matrimonial setting, plaintiff’s case is that the bills lack any discernible detail and are excessive. Is this legal… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedBig projects require lots of legal work. In Whiteman Osterman & Hanna, LLP v Preserve Assoc., LLC 2019 NY Slip Op 29056 Decided on February 28, 2019 Supreme Court, Albany County Platkin, J. we see the unusual situation in which a law firm waits 13 years or so to collect a huge legal fee, and does so in a way… Continue Reading
By Andrew Lavoott Bluestone on Posted in Uncategorized“While defendants’ representation of plaintiff was not perfect, and was possibly unethical (see 22 NYCRR § 1200 [Rule 1.7]), their concurrent representation of three parties with differing interests does not, in and of itself, state a claim for either cause of action.” So writes Justice Jaffe in Picarella v Liddle & Robinson L.L.P. 2019 NY Slip… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedLewis Brisbois Bisgaard & Smith LLP v Fishman 2019 NY Slip Op 30413(U) February 15, 2019 Supreme Court, New York County Docket Number: 655198/2017 Judge: Gerald Lebovits is the story of bad planning and missed opportunities. Lawfirm hired leading legal malpractice defense firm to defend it. Why? Presumably it lacked legal malpractice insurance. The case did not go… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedWe’re proud to present an article in today’s Outside Counsel Column in the New York Law Journal about legal malpractice. When we speak of legal malpractice, generally the discussion is rooted on a “departure” from good practice. The missed deadline, the rejected brief, the failure to appear in court, the missed argument. However, departure is… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice Basics,UncategorizedClark v Allen & Overy LLP 2019 NY Slip Op 30146(U) January 16, 2019 Supreme Court, New York County Docket Number: 453138/2017 Judge: Arlene P. Bluth is an employment abuse case (between lawyers) that went all the way to a request for cert at SCOTUS. For our purposes, it’s not a JL § 487 case. Even more interesting, there is no… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedEveryone knows, whether from Law and Order or from popular culture in general that words spoken to an attorney by a client are forever privileged, sacrosanct and private. As is true with many well-known facts, the true contours of the actual fact may not closely conform to the cliché. Often, widely held beliefs are simply… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedDeMartino v Harris 2018 NY Slip Op 08278 Decided on December 5, 2018 Appellate Division, Second Department stands for the proposition that if a case is flawed in its service, it remains flawed throughout. Here, service was demonstrably no good. Nothing further good could save the case. “The plaintiffs commenced this action against the defendant, their former counsel,… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedIn Greenstreet of N.Y., Inc. v Davis 2018 NY Slip Op 07837 Decided on November 15, 2018 Appellate Division, First Department the distinction is meaningless. This construction/building code case raises the question of privity and near privity. “Whether characterized as professional malpractice or negligent misrepresentation, the central issue is whether plaintiff has sufficiently alleged a relationship of privity… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedWang v Hon 2018 NY Slip Op 32686(U) October 23, 2018 Supreme Court, Queens County Docket Number: 12353/17 Judge: Allan B. Weiss is the story of a million law suits over two side-by-side houses in Queens where the litigation is never-ending. Defendant has a judgment lien which has attached to the neighbor’s house, and Plaintiff has done everything in… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedSuperstorm Sandy caused a lot of damage, and exposed quite a few problems. These latent problems only came to light as the water receded. Glazier Group, Inc. v Nova Cas. Co. 2018 NY Slip Op 32576(U) October 5, 2018 Supreme Court, New York County Docket Number: 159101/2014 Judge: Melissa A. Crane is an example of a problem at the South Street… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedAristakesian v Ballon Stoll Bader & Nadler, P.C. 2018 NY Slip Op 07084 Decided on October 24, 2018 Appellate Division, Second Department stands for the proposition that Courts really, really shy away from allowing Judiciary Law § 487 cases to go forward. Here, the logic is that while the attorneys may have been deceitful, plaintiff already knew about it,… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedIt seems that Plaintiff waited too long to sue his attorney when a judgment was not correctly renewed a judgment. It could have lasted 20 years, but not so here. “The defendants represented the plaintiff in an action against a nonparty to recover on loans that the plaintiff made to the nonparty. In 1995, the… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice Basics,Legal Malpractice Cases,UncategorizedArmstrong v. Blank Rome LLP, Supreme Court, New York County, Index No. 651881/2013, Justice David B. Cohen, J., offers three lessons in a matrimonial – legal malpractice case. The first is that such a case can survive the post-Katebi v. Fink landscape. The second is that an unexplained conflict of interest can lead to a good Judiciary… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedYesterday, we discussed privity in a real estate setting in 71 Park Ave. S., LLC v Fox Rothschild LLP 2018 NY Slip Op 32451(U) October 1, 2018 Supreme Court, New York County Docket Number: 158900/2017. Judge Saliann Scarpulla determined that one of the two plaintiffs lacked privity because it was formed after the representation was commenced, and the retainer… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedIt only comes up once in a while, but Jonns v Fischbarg 2018 NY Slip Op 32353(U) September 18, 2018 Supreme Court, New York County Docket Number: 150729/2017 Judge: Kathryn E. Freed applies an alternative “commencement” of the statute of limitations found in McCoy v. Feinman, 99 NY2d 295,301(2002). In McCoy the Court of Appeals wrote: “An action to recover damages arising from an… Continue Reading
By Andrew Lavoott Bluestone on Posted in Legal Malpractice Cases,UncategorizedPlaintiffs often allege “professional negligence” in claims against brokers, insurance agents, financial planners, architects and others. The question of who can be sued for “professional negligence” is not decided merely by an allegation. Judd v Madison Advisory Servs., Inc. 2018 NY Slip Op 32298(U) September 6, 2018 Supreme Court, New York County Docket Number: 152895/2017 Judge: Frank P. Nervo explains:… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedPlaintiff was involved in several problematical joint real estate deals, each of which disappointed him as a participant. Was the law firm negligent in the transactions and was plaintiff damaged thereby? In Hobbick v Zegans 2018 NY Slip Op 32180(U) September 5, 2018 Supreme Court, New York County Docket Number: 159172/2017 Judge: Barbara Jaffe the answer is no. “In April 2013,… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedYesterday we discussed the legal malpractice aspect of Billiard Balls Mgt. LLC v Mintzer Sarowitz Zeris Ledva & Meyers, LLP 2018 NY Slip Op 32019(U) August 17, 2018 Supreme Court, New York County Docket Number: 153477/2016 Judge: Carol R. Edmead. It was dismissed, mostly on the basis of lack of privity, backed up by lack of evidence of departure. Here is… Continue Reading
By Andrew Lavoott Bluestone on Posted in UncategorizedJudiciary Law § 487 is an ancient part of the common law, recently elevated from a mere statute by the Court of Appeals. That being said, the First and the Second Departments have a major difference in an agreed upon definition. Here, in Bill Birds, Inc. v Stein Law Firm, P.C. 2018 NY Slip Op 05743 Decided on… Continue Reading
