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
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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…
It All Ends In Dismissal
BUFFALO: After much litigation, this case ends with all causes of action and all counterclaims dismissed. Fee Claims as well as Legal Malpractice Claims are all out and the matter is over.
“Memorandum: Plaintiff commenced this action for legal malpractice alleging that defendants acted negligently while representing it in an action involving a construction dispute.…
All The Way to An Affirmance
The Court of Appeals rarely takes cases. Here, in Mid-Hudson Val. Fed. Credit Union v Quartararo & Lois, PLLC 2018 NY Slip Op 04034 Decided on June 7, 2018 the Court of Appeals had to hear the case, as there was a two-judge dissent in the Appellate Division. What was the case about? You would…
How Far Must The Attorney Go?
Client is injured. Attorney is hired. Attorney negotiates a rate of pay. Must the attorney look to see whether the client has insurance, and if so, how hard does the attorney have to look? Remember, if there is insurance there may be an insurance lawyer lurking and about to take over from the inquiring attorney.…
Professional Malpractice and Duplicity
ALBANY The Court of Appeals addressed professional malpractice and duplicity. Here we are discussing duplicitive causes of action, not deceit in the meaning of Judiciary Law § 487.
“The two questions on this appeal are whether plaintiff City of New York is an intended third-party beneficiary of the architectural services contract between plaintiff Dormitory Authority…
Here is One Variety of Legal Malpractice
In the super-heated world of Manhattan real estate, $9.8 Million apartments are the middle children. Not the biggest, not the smallest. However, Riviera Prop. Holdings, LLC v Ferber Chan Essner & Coller, LLP 2017 NY Slip Op 27424 [58 Misc 3d 708] July 31, 2017 Billings, J.
Supreme Court, New York County is an exceptional…
Could This Be The First Judiciary Law 487 Jury Verdict?
Matter of Aris 2018 NY Slip Op 03633 Decided on May 10, 2018 Appellate Division, First Department Per Curiam is definitely not a jury case. However, it speaks of a trial of Joran Jehudah Aris, with a successful jury verdict on Judiciary Law § 487. We did not know of any jury verdicts for a…