Lautman v 2800 Coyle St. Owners Corp. 2024 NY Slip Op 00068 Decided on January 10, 2024 Appellate Division, Second Department is one of those inexplicable cases in which a plaintiff loses all, and then waits too long to sue the attorney. The question of how plaintiff lost it all never comes up for review.
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Did They Try Hard Enough?
It’s often said (and the PJI specifically covers this) that an attorney is not a guarantor of a good result. The attorney has to use reasonable efforts and not to depart from the standard of practice. Lopez v Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano, LLP
2024 NY Slip Op 30318(U) January 18, 2024 Supreme…
NOT COLLATERAL ESTOPPEL, BUT YET
In Sharp v Ferrante Law Firm, 2023 NY Slip Op 05383 [220 AD3d 587], October 24, 2023
the Appellate Division, First Department found that there was no collateral estoppel, but nevertheless, the case was untimely.
“The motion court incorrectly applied the doctrine of collateral estoppel to preclude plaintiff’s legal malpractice claim, as plaintiff’s attorney-client…
Is It Required that the Law Firm Retain a File?
McGlynn v Burns & Harris, Esq. 2024 NY Slip Op 00187 Decided on January 17, 2024
Appellate Division, Second Department, which we discussed last week, has a secondary issue. Was it spoliation to discard a litigation file?
“In 2007, the plaintiff retained the defendant Burns & Harris, Esq. (hereinafter the B & H law…
There Can Be Multiple Causes of an Accident
McGlynn v Burns & Harris, Esq. 2024 NY Slip Op 00187 Decided on January 17, 2024
Appellate Division, Second Department illustrates the proposition that attorneys must try to prove all causes of an accident, even when one of them seems more important than the other. Attorneys also have to try to make sure there is…
A “Wide Ranging Conspiracy” ?
Servider v Law Offs. of Cervini, Ronemus & Vilensky 2024 NY Slip Op 30160(U)
January 12, 2024 Supreme Court, New York County Docket Number: Index No. 161166/2022 Judge: Mary V. Rosado is a pro-se legal malpractice case which comes after plaintiff has settled a case, and then wriggled to get out of the settlement. These…
Do Attorney Fee Claims Generate Malpractice Defenses?
Attorney CLEs generally preach that attorneys should refrain from legal fee suits as they bring legal malpractice counterclaims. Wojcik Law Firm, P.C. v Mull 2024 NY Slip Op 00060 Decided on January 09, 2024 Appellate Division, First Department is a legal fee claim with a guarantee twist.
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Order, Supreme Court, New York County (Gerald…
An Unusual Conversion Claim Against An Attorney
Amid v Del Col 2024 NY Slip Op 00178 Decided on January 17, 2024 Appellate Division, Second Department is a common story. Plaintiff alleges that he hired the attorney, the attorney did little or no work, discontinued certain causes of action without consent and paid himself from the retainer fees without good cause or permission. …
Bankruptcy Did Not End the Representation
Eichengrun v Panasci 2024 NY Slip Op 00014 Decided on January 4, 2024
Appellate Division, Third Department is the story of a multiple representation real estate transaction going bad, then into bankruptcy and then back into foreclosure. Which, if any, of the attorneys may be liable?
“Plaintiff Green Oak Stockade View Apartments, LLC, of which…
A Rare Legal Malpractice Summary Judgment for Plaintiff
Rothstein v Krane LLP 2024 NY Slip Op 30016(U) January 3, 2024 Supreme Court, New York County Docket Number: Index No. 157694/2017 Judge: Gerald Lebovits is that very rare species of summary judgment in a legal malpractice case in favor of plaintiff.
“On motion sequence 001, defendant Michael Steger moves, pursuant to CPLR 3212, for…