Everyone knows, whether from Law and Order or from popular culture in general that words spoken to an attorney by a client are forever privileged, sacrosanct and private.  As is true with many well-known facts, the true contours of the actual fact may not closely conform to the cliché.  Often, widely held beliefs are simply…

DeMartino v Harris  2018 NY Slip Op 08278  Decided on December 5, 2018 Appellate Division, Second Department stands for the proposition that if a case is flawed in its service, it remains flawed throughout.  Here, service was demonstrably no good.  Nothing further good could save the case.

“The plaintiffs commenced this action against the defendant,…

In Greenstreet of N.Y., Inc. v Davis  2018 NY Slip Op 07837 Decided on November 15, 2018
Appellate Division, First Department the distinction is meaningless.  This construction/building code case raises the question of privity and near privity.

“Whether characterized as professional malpractice or negligent misrepresentation, the central issue is whether plaintiff has sufficiently alleged a…

Wang v Hon  2018 NY Slip Op 32686(U)  October 23, 2018  Supreme Court, Queens County
Docket Number: 12353/17 Judge: Allan B. Weiss is the story of a million law suits over two side-by-side houses in Queens where the litigation is never-ending.  Defendant has a judgment lien which has attached to the neighbor’s house, and Plaintiff…

Superstorm Sandy caused a lot of damage, and exposed quite a few problems.  These latent problems only came to light as the water receded. Glazier Group, Inc. v Nova Cas. Co. 2018 NY Slip Op 32576(U)  October 5, 2018  Supreme Court, New York County  Docket Number: 159101/2014 Judge: Melissa A. Crane is an example of…

Aristakesian v Ballon Stoll Bader & Nadler, P.C.  2018 NY Slip Op 07084  Decided on October 24, 2018  Appellate Division, Second Department stands for the proposition that Courts really, really shy away from allowing Judiciary Law § 487 cases to go forward.  Here, the logic is that while the attorneys may have been deceitful,…

It seems that Plaintiff waited too long to sue his attorney when a judgment was not correctly renewed a judgment.  It could have lasted 20 years, but not so here.

“The defendants represented the plaintiff in an action against a nonparty to recover on loans that the plaintiff made to the nonparty. In 1995, the…