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.…
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…
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.…
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…
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…
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…
Plaintiffs hired an attorney in order to purchase a condominium. Unfortunately, the condo was subject to mold and water damage. Razdolskaya v Lyubarsky 2018 NY Slip Op 02817
Decided on April 25, 2018 Appellate Division, Second Department starts out with an analysis of why there is a fraud claim. It ends with an analysis of…
Attorneys irritate people all the time, and irritated people act. Dawson v Adam Leitman Bailey P.C. 2018 NY Slip Op 30224(U) February 8, 2018 Supreme Court, New York County
Docket Number: 152112/2017 Judge: Robert D. Kalish is an example of how irritation can lead to litigation which fails.
“Dawson alleges that he resided from August…
A recurring theme in legal malpractice litigation is discovery of communications between the client and attorneys. While the attorney-client privilege is waived in a legal malpractice setting between plaintiff-client and defendant-attorney, the question still comes up with subsequent attorneys. Different from the attorney-client privilege is the common-interest privilege. Saint Annes Dev. Co. v Russ 2018…
Plaintiff sued under Judiciary Law § 487 and was promptly the subject of sanctions and dismissal. Supreme Court granted both, and an appeal ensued. In Liang v Wei Ji 2017 NY Slip Op 08361
Decided on November 29, 2017 Appellate Division, Second Department, the Court affirmed because plaintiff had previously been enjoined from starting any…
