Some years ago there was a thriving cottage industry in creating tax shelters.  It took the IRS a few years to catch up, but it did so with a vengeance. Boesky v Levine 2021 NY Slip Op 02059 Decided on April 01, 2021 Appellate Division, First Department is the story of an attorneys travels through…

In a very short affirmance, the First Department upheld the dismissal of what was a very long short case in Garr Silpe, P.C. v Gorman. 2021 NY Slip Op 01944 Decided on March 30, 2021 Appellate Division, First Department  .  Plaintiff hired her ninth attorney mid trial, and not surprisingly, did not do well at…

Plaintiff defended a suit by her attorneys seeking a contingent fee on the basis that they settled the case without her authorization.  Customarilly, these cases are a win for the attorney.  Not yet, in Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP v Paravas 2021 NY Slip Op 01871
Decided on March 25, 2021 Appellate…

How did you fall? is a question asked at any trip and fall case deposition of plaintiff.  Plaintiffs have to be carefully prepared to answer this question, as it can be awfully important.  Courts and juries like to hear certain phrases and descriptions.  A casual “I’m not sure” or other answer which does not specify…

Don’t rock the boat is often the wrong advice.  in LePatner Project Solutions LLC v 320 W. 115 St. 2021 NY Slip Op 01510 Decided on March 16, 2021 Appellate Division, First Department objecting made a big difference in an account stated situation.  Counterclaiming for legal malpractice also made a big difference.

“”[E]ither retention of…

Sometimes with the statute of limitations staring at plaintiff, the question of whether the case is premature arises.  There is, of course, a conundrum.  Bring the case now (while the underlying case is still pending) and it is too early.  Wait for the underlying case to resolve, and it will be too late.

Aydiner v …

Hall v Hobbick 2021 NY Slip Op 01398 Decided on March 10, 2021 Appellate Division, Second Department illustrates the principle that no written retainer agreement is necessary for the formation of an attorney-client relationship.

“The Supreme Court erred in granting that branch of the third-party defendants’ motion which was pursuant to CPLR 3211(a)(1) and (7)…

Alrose Steinway, LLC v Jaspan Schlesinger, LLP  2021 NY Slip Op 30619(U) March 5, 2021Supreme Court, New York County Docket Number: 151482/2017 Judge: Andrea Masley is a long, reasoned and detailed discussion of a legal malpractice claim based upon a projection of future commercial events.  it is too long to effectively excerpt it for a…