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
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The Insurance Broker and Negligent Misrepresentation
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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…
It was Not Deceit Because Plaintiff Already Knew
By Andrew Lavoott Bluestone on
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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,…
A Judgment Can Last 20 Years, But Not A Legal Malpractice Claim
By Andrew Lavoott Bluestone on
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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…
Two Lessons From a Legal Malpractice
By Andrew Lavoott Bluestone on
Armstrong v. Blank Rome LLP, Supreme Court, New York County, Index No. 651881/2013, Justice David B. Cohen, J., offers three lessons in a matrimonial – legal malpractice case. The first is that such a case can survive the post-Katebi v. Fink landscape. The second is that an unexplained conflict of interest can lead to…
No Privity and No Near Privity Either
By Andrew Lavoott Bluestone on
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Yesterday, we discussed privity in a real estate setting in 71 Park Ave. S., LLC v Fox Rothschild LLP 2018 NY Slip Op 32451(U) October 1, 2018 Supreme Court, New York County Docket Number: 158900/2017. Judge Saliann Scarpulla determined that one of the two plaintiffs lacked privity because it was formed after the…
The Rare Application of McCoy’s Alternate Statute of Limitations
By Andrew Lavoott Bluestone on
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It only comes up once in a while, but Jonns v Fischbarg 2018 NY Slip Op 32353(U) September 18, 2018 Supreme Court, New York County Docket Number: 150729/2017 Judge: Kathryn E. Freed applies an alternative “commencement” of the statute of limitations found in McCoy v. Feinman, 99 NY2d 295,301(2002). In McCoy the Court…
Who is a “Professional” in Negligence Law?
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
Plaintiffs often allege “professional negligence” in claims against brokers, insurance agents, financial planners, architects and others. The question of who can be sued for “professional negligence” is not decided merely by an allegation. Judd v Madison Advisory Servs., Inc.
2018 NY Slip Op 32298(U) September 6, 2018 Supreme Court, New York County Docket Number: 152895/2017 …
Problems in the Transactions, Problems in the Representation
By Andrew Lavoott Bluestone on
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Plaintiff was involved in several problematical joint real estate deals, each of which disappointed him as a participant. Was the law firm negligent in the transactions and was plaintiff damaged thereby? In Hobbick v Zegans 2018 NY Slip Op 32180(U) September 5, 2018 Supreme Court, New York County Docket Number: 159172/2017 Judge: Barbara Jaffe the…
No Legal Malpractice, No Contribution, No Indemnity Part 2
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Yesterday we discussed the legal malpractice aspect of Billiard Balls Mgt. LLC v Mintzer Sarowitz Zeris Ledva & Meyers, LLP 2018 NY Slip Op 32019(U) August 17, 2018
Supreme Court, New York County Docket Number: 153477/2016 Judge: Carol R. Edmead. It was dismissed, mostly on the basis of lack of privity, backed up by lack…