The situation is not unusual.  Attorneys represent client in a transnational setting, and the transaction is compromised, but not yet finished.  Three years are about to pass.  What is the plaintiff to do?  If you do not sue, the statute will pass.  if you do sue, defendant will say that it is too early.  Economic …

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…

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…