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…
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,…
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…
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…
Since attorney fees seem to power the world, allowing for litigation and defense, and accounting for more than 60% of all attorney law suits, it is not surprising to see Soni v. Pryor come up again and again. In McGlynn v Burns & Harris 2019 NY Slip Op 02335 Decided on March 27, 2019
Appellate…
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,…
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…
Big projects require lots of legal work. In Whiteman Osterman & Hanna, LLP v Preserve Assoc., LLC 2019 NY Slip Op 29056 Decided on February 28, 2019 Supreme Court, Albany County Platkin, J. we see the unusual situation in which a law firm waits 13 years or so to collect a huge legal fee, and…
“While defendants’ representation of plaintiff was not perfect, and was possibly unethical
(see 22 NYCRR § 1200 [Rule 1.7]), their concurrent representation of three parties with differing
interests does not, in and of itself, state a claim for either cause of action.” So writes Justice Jaffe in Picarella v Liddle & Robinson L.L.P. 2019 NY…
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…
