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…
Clark v Allen & Overy LLP 2019 NY Slip Op 30146(U) January 16, 2019 Supreme Court, New York County Docket Number: 453138/2017 Judge: Arlene P. Bluth is an employment abuse case (between lawyers) that went all the way to a request for cert at SCOTUS. For our purposes, it’s not a JL § 487 case. …
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…
