New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

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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

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

Breach of Fiduciary Duty For Hiring an e-Discovery Company

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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

The Statute of Limitations is 3 Years, And Not A Day More

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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

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

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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

How Far Must The Attorney Go?

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Client is injured.  Attorney is hired.  Attorney negotiates a rate of pay.  Must the attorney look to see whether the client has insurance, and if so, how hard does the attorney have to look?  Remember, if there is insurance there may be an insurance lawyer lurking and about to take over from the inquiring attorney.… Continue Reading

Professional Malpractice and Duplicity

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ALBANY      The Court of Appeals addressed professional malpractice and duplicity.  Here we are discussing duplicitive causes of action, not deceit in the meaning of Judiciary Law § 487. “The two questions on this appeal are whether plaintiff City of New York is an intended third-party beneficiary of the architectural services contract between plaintiff Dormitory Authority… Continue Reading

Here is One Variety of Legal Malpractice

Posted in Uncategorized
In the super-heated world of Manhattan real estate, $9.8 Million apartments are the middle children.  Not the biggest, not the smallest.  However, Riviera Prop. Holdings, LLC v Ferber Chan Essner & Coller, LLP  2017 NY Slip Op 27424 [58 Misc 3d 708]  July 31, 2017  Billings, J. Supreme Court, New York County is an exceptional case.  Plaintiffs were induced… Continue Reading

It’s a Three-Way Circus in This Real Estate Deal

Posted in Legal Malpractice Basics, Uncategorized
Plaintiffs hired an attorney in order to purchase a condominium.  Unfortunately, the condo was subject to mold and water damage.  Razdolskaya v Lyubarsky  2018 NY Slip Op 02817 Decided on April 25, 2018  Appellate Division, Second Department starts out with an analysis of why there is a fraud claim.  It ends with an analysis of why the attorney… Continue Reading

A Pro-Se Case Withers

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Attorneys irritate people all the time, and irritated people act.  Dawson v Adam Leitman Bailey P.C.  2018 NY Slip Op 30224(U)  February 8, 2018  Supreme Court, New York County Docket Number: 152112/2017 Judge: Robert D. Kalish  is an example of how irritation can lead to litigation which fails. “Dawson alleges that he resided from August 29, 2015, to ·August 28,… Continue Reading

The Common-Interest Privilege and Legal Malpractice

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A recurring theme in legal malpractice litigation is discovery of communications between the client and attorneys.  While the attorney-client privilege is waived in a legal malpractice setting between plaintiff-client and defendant-attorney, the question still comes up with subsequent attorneys.  Different from the attorney-client privilege is the common-interest privilege.  Saint Annes Dev. Co. v Russ  2018 NY Slip… Continue Reading

Notice and an Opportunity to be Heard in a Sanctions Case

Posted in Legal Malpractice Cases, Uncategorized
Plaintiff sued under Judiciary Law § 487 and was promptly the subject of sanctions and dismissal.  Supreme Court granted both, and an appeal ensued.  In Liang v Wei Ji  2017 NY Slip Op 08361 Decided on November 29, 2017  Appellate Division, Second Department,  the Court affirmed because plaintiff had previously been enjoined from starting any actions without prior permission. … Continue Reading

The Appellate Term Says: Not So Quickly!

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Weintraub v Petervary  2017 NY Slip Op 51595(U)  Decided on November 16, 2017 Appellate Term, Second Department is an example of how lower courts over-determine cases in favor of the attorney and to the detriment of the client.  Legal malpractice cases, we have argued in the past, are dismissed at a greater rate than in the general inventory… Continue Reading

Judiciary Law 487 Differences from the Other Side

Posted in Legal Malpractice Basics, Uncategorized
Last week we discussed how the First Department differs in its handling of Judiciary Law § 487 cases.  Here in Gorbatov v Tsirelman  2017 NY Slip Op 07979  Decided on November 15, 2017 Appellate Division, Second Department  is a further lesson, this time from the Second Department.  Conspicuously missing here is any language of delinquency.  The Second Department… Continue Reading

Several Straightforward Lessons from the First Department

Posted in Legal Malpractice Cases, Uncategorized
O’Neal v Muchnick Golieb & Golieb, P.C.  2017 NY Slip Op 03125 [149 AD3d 636]  April 25, 2017  Appellate Division, First Department is notable for several terse lessons.  They were set forth in bullet fashion in the opinion: “The allegation that, while representing plaintiff in the assignment-of-lease negotiations, counsel secretly represented the counterparty so as to obtain favorable… Continue Reading

Not Judiciary Law 487, Not GBL 349, Not Dismissible

Posted in Uncategorized
Legal malpractice cases traditionally hew to the Legal Malpractice – Breach of Contract – Breach of Fiduciary axis.  Outlier cases add in some exotic causes of action. Gleyzerman v Law Offs. of Arthur Gershfeld & Assoc., PLLC 2017 NY Slip Op 07200  Decided on October 12, 2017  Appellate Division, First Department is a overbilling case, with multiple causes of… Continue Reading
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