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
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Problems in the Transactions, Problems in the Representation
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
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…
So Many Differences Between the Departments in Judiciary Law 487 Cases
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…
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…