DeMartino v Harris 2018 NY Slip Op 08278 Decided on December 5, 2018 Appellate Division, Second Department stands for the proposition that if a case is flawed in its service, it remains flawed throughout. Here, service was demonstrably no good. Nothing further good could save the case.
“The plaintiffs commenced this action against the defendant,…
In Greenstreet of N.Y., Inc. v Davis 2018 NY Slip Op 07837 Decided on November 15, 2018
Appellate Division, First Department the distinction is meaningless. This construction/building code case raises the question of privity and near privity.
“Whether characterized as professional malpractice or negligent misrepresentation, the central issue is whether plaintiff has sufficiently alleged a…
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…
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…
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,…
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…
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…
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…
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…
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 …
