Judiciary Law § 487 is an ancient part of the common law, recently elevated from a mere statute by the Court of Appeals. That being said, the First and the Second Departments have a major difference in an agreed upon definition. Here, in Bill Birds, Inc. v Stein Law Firm, P.C.
2018 NY Slip Op
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A Costly Landlord-Tenant Proceeding
This entire episode could have been prevented. The most likely reason for the problem is that the landlord purchased the building at a foreclosure sale and never became aware that the prior owner had entered into a stunning stipulation. Beyond that mere fact, it is true that ancient SRO regulations on the UWS created a…
Services to the Estate or Services to the Executor?
A thorough read of the decision in Matter of Gomez 2018 NY Slip Op 32127(U) August 6, 2018
Surrogate’s Court, Nassau County Docket Number: 2011-365510/B Judge: Margaret C. Reilly is an eye-opener. Look at the billings and look at the Court’s cuts. It’s worth a complete read.
A Series of Unsettling Events with Legal Malpractice to Follow
Brothers-in-law can be a problem to a successful car sales operation as is sadly set forth in Brausch v Devery 2018 NY Slip Op 31929(U) August 7, 2018 Supreme Court, Suffolk County
Docket Number: 11-28918 Judge: Denise F. Molia. Plaintiff has a nice little used car lot and allows his brother-in-law to help him run…
Best Lawyers 2019
We are pleased to report that the Law Office of Andrew Lavoott Bluestone has been selected once again for Best Lawyers in America – 2019 for Legal Malpractice.
Breach of Fiduciary Duty For Hiring an e-Discovery Company
Well, not for simply hiring an e-Discovery company, but for hiring a pet e-Discovery company which egregiously overbilled might lead to liability for the law firm. We look at FTI Consulting, Inc. v CT Miami, LLC 2018 NY Slip Op 31923(U) August 6, 2018 Supreme Court, New York County
Docket Number: 654062/2016 Judge: Melissa A.…
Courts Simply Do Not Like Judiciary Law 487
There are very few successful Judiciary Law § 487 cases. Courts stretch and bend to find a way around what appears to be actual deceit by attorneys. Take Matneja v Zito 2018 NY Slip Op 05298 Decided on July 18, 2018 Appellate Division, Second Department as an example. Here it is alleged that a law…
It’s Really Hard to Undo a Divorce Settlement
It is even harder to bring a successful legal malpractice case against the divorce attorney when the matter was settled. Holtzman v Griffith 2018 NY Slip Op 04540 Decided on June 20, 2018
Appellate Division, Second Department, aside from its lesson on “account stated” tells us that a legal malpractice claim from a settled divorce…
The Statute of Limitations is 3 Years, And Not A Day More
King Tower Realty Corp. v G & G Funding Corp. 2018 NY Slip Op 05027 Decided on July 5, 2018 Appellate Division, Second Department illustrates the power of the statute of limitations. While plaintiff may succeed in Supreme Court, many such decisions are reversed in the AD. This is one.
“The plaintiff commenced this action…
Speculative v. Intervening Causation in a Legal Malpractice Case
Client is injured and several municipality defendants may be liable. Attorneys fail to file a Notice of Claim within the requisite 90 days. Attorneys are fired and new attorneys hired. One year and 90 days pass. Is there legal malpractice and if so, who might be responsible?
Liporace v Neimark & Neimark, LLP 2018 NY…