Not every attorney problem can be shoehorned into a Judiciary Law § 487 format. US Suite LLC v Baratta, Baratta & Aidala LLP
2019 NY Slip Op 02837 Decided on April 16, 2019 Appellate Division, First Department is an example of a partially successful plaintiff’s case which fails on JL § 487.
“Plaintiffs’ complaint here,…
Citing a “strong public policy to dispose of cases on their merits” the Appellate Division First Department reversed in Cornwall Warehousing, Inc. v Lerner 2019 NY Slip Op 02825
Decided on April 16, 2019.
“Plaintiffs demonstrated a reasonable excuse for their default (CPLR 5015[a][1]), based on law office failure, as detailed in the affirmation of…
JL§ 487, possibly the oldest part of the anglo-american common law, but for the Magna Carta, regularly comes up in legal malpractice settings. Here, in Sammy v Haupel 2019 NY Slip Op 02372
Decided on March 27, 2019 the Appellate Division, Second Department affirms the dismissal of a claim against Wilson Elser and its top…
Since attorney fees seem to power the world, allowing for litigation and defense, and accounting for more than 60% of all attorney law suits, it is not surprising to see Soni v. Pryor come up again and again. In McGlynn v Burns & Harris 2019 NY Slip Op 02335 Decided on March 27, 2019
Appellate…
In Nowlin v Schiano 2019 NY Slip Op 02216 Decided on March 22, 2019 Appellate Division, Fourth Department affirmed the decision of Supreme Court, Monroe County. With a recitation of Supreme Court’s standard, it concludes that there is no substance to the pro-se claim. Further explantion, there is none.
“Memorandum: In this legal malpractice action,…
An-Jung v Rower LLC 2019 NY Slip Op 30600(U) March 6, 2019 Supreme Court, New York County Docket Number: 152694/2018 Judge: Francis A. Kahn III is a thoughtful discussion of the difference between legal malpractice and an overbiling case. Here, in a matrimonial setting, plaintiff’s case is that the bills lack any discernible detail and…
Big projects require lots of legal work. In Whiteman Osterman & Hanna, LLP v Preserve Assoc., LLC 2019 NY Slip Op 29056 Decided on February 28, 2019 Supreme Court, Albany County Platkin, J. we see the unusual situation in which a law firm waits 13 years or so to collect a huge legal fee, and…
“While defendants’ representation of plaintiff was not perfect, and was possibly unethical
(see 22 NYCRR § 1200 [Rule 1.7]), their concurrent representation of three parties with differing
interests does not, in and of itself, state a claim for either cause of action.” So writes Justice Jaffe in Picarella v Liddle & Robinson L.L.P. 2019 NY…
Lewis Brisbois Bisgaard & Smith LLP v Fishman 2019 NY Slip Op 30413(U) February 15, 2019 Supreme Court, New York County Docket Number: 655198/2017 Judge: Gerald Lebovits is the story of bad planning and missed opportunities. Lawfirm hired leading legal malpractice defense firm to defend it. Why? Presumably it lacked legal malpractice insurance. The…
We’re proud to present an article in today’s Outside Counsel Column in the New York Law Journal about legal malpractice.
When we speak of legal malpractice, generally the discussion is rooted on a “departure” from good practice. The missed deadline, the rejected brief, the failure to appear in court, the missed argument. However, departure is…
