New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

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

A Judgment Can Last 20 Years, But Not A Legal Malpractice Claim

Posted in Uncategorized
It 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, 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

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
.