In this case, the claim was that the attorney should have inquired about insurance that Plaintiff had, rather than taking the case and charging the client for representation that the insurance company would have provided.
The jury found otherwise. in Cohen v Sive, Paget & Riesel, P.C., 2020 NY Slip Op 06050 [187 AD3d 634]…
Plaintiff hired Defendant attorney to represent him in both a criminal and a civil matter. The civil matter went wrong, and Plaintiff sued. Defendant argued that you may not sue a criminal defense attorney absent a showing of “actual innocense.” True enough, but…
“The court properly denied the motion to dismiss the first cause of…
Plaintiffs often wonder how their damages are computed. One possible element of damages are the legal fees spent in defense of the underlying case. This is the central lesson of Rudolph v. Shayne Dachs and it is the less of 83 Willow, LLC v Apollo 2020 NY Slip Op 05843 [187 AD3d 563] October 20,…
Plaintiff had a collission with a Nassau County bus. Legal representation by the first two attorneys caused him to lose any opportunity to sue. Whom might be responsible?
Buxton v Zukoff 2020 NY Slip Op 33426(U) October 16, 2020 Supreme Court, New York County Docket Number: 160223/15 Judge: Lynn R. Kotler discusses the Notice of…
The “But for” zone in legal malpractice is where most battles take place. Whether there was a departure is rarely the tipping point. Moore v Kronick 2020 NY Slip Op 05742 [187 AD3d 892] October 14, 2020
Appellate Division, Second Department shows how events in the underlying case can kill a legal malpractice claim.
“The…
Real estate is a major contributor to the legal malpractice oeuvre. Wells Fargo Bank, N.A. v Pickett 2020 NY Slip Op 05795 [187 AD3d 965] October 14, 2020 Appellate Division, Second Department is an interesting example of a conflict of interest and the AD’s suggestion that a legal malpractice case might be appropriate.
“The defendant…
Kivo v Louis F. Burke, P.C. 2020 NY Slip Op 05680 [187 AD3d 503]
October 13, 2020 Appellate Division, First Department reminds us that an expert is (almost) always needed. Here, the absence of an expert was fatal to the motion defense.
“In this legal malpractice action, defendants, through their expert’s affidavit, established prima facie…
The Statute of limitations is an embodiment of a social policy which, in essence keeps the world turning. Old, stale claims have an expiration date, and little opportunity exists to keep them alive. Even continuous representation, in the legal malpractice setting, has significant limits. Mehra v Morrison Cohen LLP 2020 NY Slip Op 33234(U) October…
As we have noted many times, real estate issues prompt a great number of legal malpractice cases. There is both real money and real complicated litigative issues in big NY real estate and it often ends in legal malpractice disputes. Genesis REOC Co., LLC v Poppel 2020 NY Slip Op 33230(U) October 1, 2020 Supreme…
A classic example of a case which probably could not be won. It was lost because of discovery deficiencies by the attorney. Woman goes to wax salon, has wax applied to her eyebrows. Eventually she is diagnosed with herpes and HPV. Salon used and re-used same sticks, and had a pot of wax which was…
