New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Uncategorized

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Bankruptcy Takes It All Away

Posted in Legal Malpractice Basics, Uncategorized
Your attorney negligently steered you into bankruptcy?  It could be a good cause of action in legal malpractice.  A few technicalities, however.  Do you still have standing to sue the attorney?  Likely not.  In Burbacki v Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP  2019 NY Slip Op 04128  Decided on May 29, 2019  the Appellate… Continue Reading

The Attorney Judgment Rule: A Highly Fact-Based, Yet Subjective Area

Posted in Uncategorized
We’re proud to let you know that we’re appearing in the New York Law Journal Outside Counsel Column with an article about the unique attorney-judgment rule, and how it affects legal malpractice litigation.  Here is an excerpt: “Society relies on professionals to guide, to treat, to represent and to know. We place an extraordinary amount… Continue Reading

Money is Missing, but it is not Deceit

Posted in Uncategorized
Not every attorney problem can be shoehorned into a Judiciary Law § 487 format.  US Suite LLC v Baratta, Baratta & Aidala LLP 2019 NY Slip Op 02837  Decided on April 16, 2019  Appellate Division, First Department is an example of a partially successful plaintiff’s case which fails on JL § 487. “Plaintiffs’ complaint here, as supplemented, sufficiently states a… Continue Reading

A Strong Public Policy

Posted in Uncategorized
Citing 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

A Recent Judiciary Law 487 Case

Posted in Uncategorized
JL§ 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

For Reasons Unexplained an Upstate Pro-Se Legal Malpractice Case Fails

Posted in Uncategorized
In 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

Not Legal Malpractice But Not Dismissed Either

Posted in Uncategorized
An-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

Legal Malpractice and the Account Stated

Posted in Uncategorized
Lewis 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

What Do We Talk About When We Talk About Legal Malpractice

Posted in Uncategorized
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

It’s Not Judiciary Law 487 Case

Posted in Legal Malpractice Basics, Uncategorized
Clark 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

No Service, No Case

Posted in Uncategorized
DeMartino 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 Uncategorized
In 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 Uncategorized
Wang 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 Uncategorized
Superstorm 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 Uncategorized
Aristakesian 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

Two Lessons From a Legal Malpractice

Posted in Legal Malpractice Basics, Legal Malpractice Cases, Uncategorized
Armstrong 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 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
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