New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

No Privity and No Near Privity Either

Posted in Uncategorized
Yesterday, 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

The Rare Application of McCoy’s Alternate Statute of Limitations

Posted in Uncategorized
It 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

Who is a “Professional” in Negligence Law?

Posted in Legal Malpractice Cases, Uncategorized
Plaintiffs 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

Problems in the Transactions, Problems in the Representation

Posted in Uncategorized
Plaintiff 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

No Legal Malpractice, No Contribution, No Indemnity Part 2

Posted in Uncategorized
Yesterday 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

A Costly Landlord-Tenant Proceeding

Posted in Uncategorized
This entire episode could have been prevented.  The most likely reason for the problem is that the landlord purchased the building at a foreclosure sale and never became aware that the prior owner had entered into a stunning stipulation.  Beyond that mere fact, it is true that ancient SRO regulations on the UWS created a… Continue Reading

Services to the Estate or Services to the Executor?

Posted in Uncategorized
A thorough read of the decision in Matter of Gomez  2018 NY Slip Op 32127(U)  August 6, 2018 Surrogate’s Court, Nassau County  Docket Number: 2011-365510/B Judge: Margaret C. Reilly is an eye-opener.  Look at the billings and look at the Court’s cuts.  It’s worth a complete read.… Continue Reading

A Series of Unsettling Events with Legal Malpractice to Follow

Posted in Uncategorized
Brothers-in-law can be a problem to a successful car sales operation as is sadly set forth in Brausch v Devery  2018 NY Slip Op 31929(U) August 7, 2018  Supreme Court, Suffolk County Docket Number: 11-28918  Judge: Denise F. Molia.  Plaintiff has a nice little used car lot and allows his brother-in-law to help him run it.  When he has to,… Continue Reading

Best Lawyers 2019

Posted in Uncategorized
We are pleased to report that the Law Office of Andrew Lavoott Bluestone has been selected once again for Best Lawyers in America – 2019 for Legal Malpractice.… Continue Reading

Breach of Fiduciary Duty For Hiring an e-Discovery Company

Posted in Uncategorized
Well, not for simply hiring an e-Discovery company, but for hiring a pet e-Discovery company which egregiously overbilled might lead to liability for the law firm.  We look at FTI Consulting, Inc. v CT Miami, LLC  2018 NY Slip Op 31923(U)  August 6, 2018  Supreme Court, New York County Docket Number: 654062/2016  Judge: Melissa A. Crane for a second day.… Continue Reading

Courts Simply Do Not Like Judiciary Law 487

Posted in Uncategorized
There are very few successful Judiciary Law § 487 cases.  Courts stretch and bend to find a way around what appears to be actual deceit by attorneys.  Take Matneja v Zito  2018 NY Slip Op 05298  Decided on July 18, 2018  Appellate Division, Second Department as an example.  Here it is alleged that a law firm knew that its client… Continue Reading

It’s Really Hard to Undo a Divorce Settlement

Posted in Uncategorized
It is even harder to bring a successful legal malpractice case against the divorce attorney when the matter was settled.  Holtzman v Griffith  2018 NY Slip Op 04540  Decided on June 20, 2018 Appellate Division, Second Department, aside from its lesson on “account stated” tells us that a legal malpractice claim from a settled divorce action has many… Continue Reading

The Statute of Limitations is 3 Years, And Not A Day More

Posted in Uncategorized
King Tower Realty Corp. v G & G Funding Corp.  2018 NY Slip Op 05027  Decided on July 5, 2018  Appellate Division, Second Department illustrates the power of the statute of limitations.  While plaintiff may succeed in Supreme Court, many such decisions are reversed in the AD.  This is one. “The plaintiff commenced this action on February 27,… Continue Reading

Speculative v. Intervening Causation in a Legal Malpractice Case

Posted in Uncategorized
Client is injured and several municipality defendants may be liable.  Attorneys fail to file a Notice of Claim within the requisite 90 days.  Attorneys are fired and new attorneys hired.  One year and 90 days pass.  Is there legal malpractice and if so, who might be responsible? Liporace v Neimark & Neimark, LLP  2018 NY Slip… Continue Reading

It All Ends In Dismissal

Posted in Legal Malpractice Cases, Uncategorized
BUFFALO:    After much litigation, this case ends with all causes of action and all counterclaims dismissed. Fee Claims as well as Legal Malpractice Claims are all out and the matter is over. “Memorandum: Plaintiff commenced this action for legal malpractice alleging that defendants acted negligently while representing it in an action involving a construction… Continue Reading

All The Way to An Affirmance

Posted in Uncategorized
The Court of Appeals rarely takes cases. Here, in Mid-Hudson Val. Fed. Credit Union v Quartararo & Lois, PLLC  2018 NY Slip Op 04034  Decided on June 7, 2018  the Court of Appeals had to hear the case, as there was a two-judge dissent in the Appellate Division.  What was the case about?  You would not know from… Continue Reading

How Far Must The Attorney Go?

Posted in Uncategorized
Client is injured.  Attorney is hired.  Attorney negotiates a rate of pay.  Must the attorney look to see whether the client has insurance, and if so, how hard does the attorney have to look?  Remember, if there is insurance there may be an insurance lawyer lurking and about to take over from the inquiring attorney.… Continue Reading

Professional Malpractice and Duplicity

Posted in Uncategorized
ALBANY      The Court of Appeals addressed professional malpractice and duplicity.  Here we are discussing duplicitive causes of action, not deceit in the meaning of Judiciary Law § 487. “The two questions on this appeal are whether plaintiff City of New York is an intended third-party beneficiary of the architectural services contract between plaintiff Dormitory Authority… Continue Reading

Here is One Variety of Legal Malpractice

Posted in Uncategorized
In the super-heated world of Manhattan real estate, $9.8 Million apartments are the middle children.  Not the biggest, not the smallest.  However, Riviera Prop. Holdings, LLC v Ferber Chan Essner & Coller, LLP  2017 NY Slip Op 27424 [58 Misc 3d 708]  July 31, 2017  Billings, J. Supreme Court, New York County is an exceptional case.  Plaintiffs were induced… Continue Reading

Could This Be The First Judiciary Law 487 Jury Verdict?

Posted in Uncategorized
Matter of Aris  2018 NY Slip Op 03633  Decided on May 10, 2018  Appellate Division, First Department  Per Curiam is definitely not a jury case.  However, it speaks of a trial of Joran Jehudah Aris, with a successful jury verdict on Judiciary Law § 487.  We did not know of any jury verdicts for a JL § 487 claim.  The verdict… Continue Reading

It’s a Three-Way Circus in This Real Estate Deal

Posted in Legal Malpractice Basics, Uncategorized
Plaintiffs hired an attorney in order to purchase a condominium.  Unfortunately, the condo was subject to mold and water damage.  Razdolskaya v Lyubarsky  2018 NY Slip Op 02817 Decided on April 25, 2018  Appellate Division, Second Department starts out with an analysis of why there is a fraud claim.  It ends with an analysis of why the attorney… Continue Reading

A Pro-Se Case Withers

Posted in Uncategorized
Attorneys irritate people all the time, and irritated people act.  Dawson v Adam Leitman Bailey P.C.  2018 NY Slip Op 30224(U)  February 8, 2018  Supreme Court, New York County Docket Number: 152112/2017 Judge: Robert D. Kalish  is an example of how irritation can lead to litigation which fails. “Dawson alleges that he resided from August 29, 2015, to ·August 28,… Continue Reading

The Common-Interest Privilege and Legal Malpractice

Posted in Uncategorized
A recurring theme in legal malpractice litigation is discovery of communications between the client and attorneys.  While the attorney-client privilege is waived in a legal malpractice setting between plaintiff-client and defendant-attorney, the question still comes up with subsequent attorneys.  Different from the attorney-client privilege is the common-interest privilege.  Saint Annes Dev. Co. v Russ  2018 NY Slip… Continue Reading
.