Attorney takes over for departing defense counsel in a trip-and-fall case. Attorney moves for dismissal, fails. Attorney takes the case to trial, succeeds with a defense verdict. Attorny want to get paid, isn’t. Attorney sues client Flanagan Law, PLLC v Perno 2020 NY Slip Op 51488(U) [70 Misc 3d 1201(A)] Decided on December 18, 2020
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Pension Plan, Litigation and Legal Malpractice Claims
Trundle v Garr Silpe, P.C. 2020 NY Slip Op 34233(U) December 18, 2020
Supreme Court, New York County Docket Number: 159437/2019
Judge: Lucy Billings is an example of big-number financial transactions and the potential culpability for large losses. Plaintiff alleged that defendant attorneys negligently handled his wife’s trusteeship of a pension plan, with large losses.…
So Much Real Estate, So Many Malpractice Claims
As we have said before, New York real estate is strongly associated with New York legal malpractice claims. Ramos v Goldberg, Schudieri & Lindenberg, P.C. 2020 NY Slip Op 07147 Decided on December 01, 2020
Appellate Division, First Department is another example. Here, the question was whether Plaintiff owned a coop or not.
“In the…
Legal Malpractice Dismissal for Contumacious Conduct
It is sadly ironic when a legal malpractice case is dismissed (from plaintiff’s point of view) and even more so when it is dismissed for “willful and contumacious”discovery conduct (from everyone’s point of view).
Allstar Elecs., Inc. v DeLuca 2020 NY Slip Op 07018 [188 AD3d 1121]
November 25, 2020 Appellate Division, Second Department is…
Case Dismissed, But Not For “Satisfaction”
A line of legal malpractice cases in New York, arising primarilly out of matrimonial underlying matters have found that if the client positively answers an allocution question of whether the client is satisfied with the attorneys’work, then a later legal malpractice case is forfeit. Here in Stennett v Goldberg & Cohn, LLP 2020 NY…
The Overwhelming Account Stated Claim
Schlam Stone & Dolan LLP v Toussie 2020 NY Slip Op 06874 Decided on November 19, 2020 Appellate Division, First Department is an example of how the account stated doctrine works for attorneys.
“Plaintiff was entitled to summary judgment on its account stated claim, as it submitted documentary evidence showing that defendant Robert I. Toussie…
Wait, Wait, Wait Too Long
Flintlock Constr. Servs., LLC v Rubin, Fiorella & Friedman, LLP 2020 NY Slip Op 06711 Decided on November 17, 2020 Appellate Division, First Department seems to be a case that could have been won, it it had been brought in 2016 rather than in 2018.
“Plaintiff, a general contractor, entered into a construction agreement with…
Legal Malpractice, Yes. Breach of Fiduciary Duty, No.
Jewell Law, PLLC v Ruci 2020 NY Slip Op 33648(U) November 3, 2020
Supreme Court, New York County Docket Number: 655702/2019
Judge: Arthur F. Engoron displays some unique inductive reasoning, and some conventional legal reasoning. Breach of Fiducary duty is dismissed in an unconventional matter. Legal malpractice is more conventionally decided.
“This Court finds that…
Another Loss in the “But For” Area
Hudson Yards LLC v Segal 2020 NY Slip Op 06353 Decided on November 05, 2020 Appellate Division, First Department is another case in which the brutal “but for” causation rule in legal malpractice ends a case.
“To recover damages for legal malpractice, the plaintiff must establish that the attorney (1) “failed to exercise that degree…
A Pro-Se Claim in a Family Court Legal Malpractice Come Up Short
Olsen v Smith 2020 NY Slip Op 06214 [187 AD3d 675] October 29, 2020
Appellate Division, First Department is a familiar trope. Supreme Court and the Appellate Division look over a pro-se complaint and find it wanting.
“In this action for legal malpractice, plaintiff alleges that defendants’ mishandling of her defense in a Family Court…