New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Uncategorized

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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

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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

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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

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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

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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

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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
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