We’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
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It’s Not Judiciary Law 487 Case
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
Attorney Client Privilege and Legal Malpractice
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
No Service, No Case
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
Professional Malpractice or Negligent Misrepresentation?
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
Total Confusion in a Real Estate Situation But No Deceit
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
The Insurance Broker and Negligent Misrepresentation
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
It was Not Deceit Because Plaintiff Already Knew
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
A Judgment Can Last 20 Years, But Not A Legal Malpractice Claim
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
Two Lessons From a Legal Malpractice
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
No Privity and No Near Privity Either
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
The Rare Application of McCoy’s Alternate Statute of Limitations
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
Who is a “Professional” in Negligence Law?
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
Problems in the Transactions, Problems in the Representation
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
No Legal Malpractice, No Contribution, No Indemnity Part 2
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
So Many Differences Between the Departments in Judiciary Law 487 Cases
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
A Costly Landlord-Tenant Proceeding
Posted in UncategorizedThis 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 UncategorizedA 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 UncategorizedBrothers-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 UncategorizedWe 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 UncategorizedWell, 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 UncategorizedThere 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 UncategorizedIt 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 UncategorizedKing 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
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