In this short decision, the Appellate Division recited the basic mantra of legal malpractice, but chose not to explain where Plaintiff failed. Little guidance to bar or counsel is offered in Muller v Schecter 2021 NY Slip Op 03326 Decided on May 26, 2021 Appellate Division, Second Department.
“”In an action to recover damages for…
Plaintiff sues attorney for settling a motor vehicle case for $ 1500. Case runs into trouble for two reasons. First, there has already been a determination that Plaintiff authorized the settlement through his attorney. Second, while Plaintiff says he needs a Turkish translator, he repeatedly answered the questions in English.
The court dismissed all claims…
Legal malpractice cases in real estate transactions sometimes are about multi-million dollar losses, sometimes about smaller deals gone bad. FTF Lending, LLC v Mavirides Moyal Packman & Sadkin, LLP 2021 NY Slip Op 31502(U) May 4, 2021 Supreme Court, New York County Docket Number: 153620/2020 Judge: Margaret A. Chan is about a smaller deal.
“On…
As in a blog from this week, New Canaan Capital Mgt., LLC v Chadbourne & Parke LLP 2021 NY Slip Op 02758 Decided on May 04, 2021 Appellate Division, First Department is a case with a past. it is dismissed on the basis of collateral estoppel and the statute of limitations.
“The complaint is barred…
When cases are dismissed, they are dismissed with or without prejudice. This term means whether the matter can be brought again. If dismissed without prejudice, then the plaintiff is permitted to recommence the action. Traditionally, dismissals at the beginning of the case are based upon the pleadings. Some of the dismissals (as in CPLR 3211(a)(7))…
In this matrimonial action, Defendant attorneys were retained 8 months + after the Note of Issue. The custody trial started the day after retention and the financial trial thereafter. Plaintiff claims in Lijun Feng v Passonneau 2021 NY Slip Op 31507(U) April 29, 2021 Supreme Court, New York County Docket Number: 156765/2020 Judge: Richard G.…
There is an old (very old) tension between doctors and attorneys that we believe stems from antediluvian times. Lawyers frequently prosecute claims against doctors and (reportedly) doctors loathe attorneys. Whether or not true, legal malpractice claims arising from cases involving the Office of Professional Medical Conduct (DOH) and doctor discipline often end up in a…
Not surprisingly, an unopposed motion to dismiss is often granted. The lack of opposition sometimes is because Plaintiff is pro-se, sometimes because of law office error. Here, in Melendez v Renfroe, Driscoll & Foster, LLP 2021 NY Slip Op 31462(U) April 29, 2021 Supreme Court, New York County Docket Number: 157344/2019 Judge: W. Franc…
Plaintiff attorney loses fee case against pro-se client because he could not show substantial compliance with the matrimonial billing rules of 22 NYCRR 1400, et seq in Swergold v. Weinrib 2021 NY Slip Op 02555
Decided on April 28, 2021Appellate Division, Second Department.
“The plaintiff attorney represented the defendant in a matrimonial action, in which…
Divorce in wealthy families can be expensive. Division of significant assets, using teams of lawyers can quickly add up. Kaufman v Boies Schiller Flexner, LLP 2021 NY Slip Op 31340(U) April 22, 2021 Supreme Court, New York County Docket Number: 154149/2018 Judge: James E. d’Auguste not only cost a lot, it spawned multiple other litigations…
