Plaintiff was working in the movie industry. He and the movie company came to a parting, and a separation agreement was produced between him and the company, negotiated by the company’s CEO. Later Plaintiff was not paid his equity investments and did not get certain credits. Board is unhappy with the deal itself, and blames
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Voluntary Payment v. Overbilling in a Legal Malpractice Case
There is a long history of doctor-lawyer litigations. Often there seems to be a disconnect between the world-views of the protagonists. Lawyers may seem avaricious and doctors naive and pedantic. In Dubrow v Herman & Beinin 2017 NY Slip Op 31545(U) July 21, 2017 Supreme Court, New York County Docket Number: 651605/2016 Judge: Ellen M.…
Maintenance or Repair? It Really Makes A Difference in this Legal Malpractice Case
Under Labor Law §240(1) a person may prevail in litigation if injured “during the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240[1]; see Moreira v Ponzo, 131 AD3d 1025, 1026; Enos v Werlatone, Inc., 68 AD3d 713, 714). In determining whether a particular activity…
Pump and Dump All The Way to Prison…Legal Malpractice Too?
Wimbledon Fin. Master Fund, Ltd. v Weston Capital Mgt. LLC 2017 NY Slip Op 31515(U)
July 17, 2017 Supreme Court, New York County Docket Number: 653468/2015 as explained by Judge Shirley Werner Kornreich is the material of a movie. Here it is in a nutshell:
“This action involves approximately 30 defendants and has already, in…
A Major League Arbitration Tagged Out; Game Goes Into Extra Innings
First off, look at the lineup.
Chadbourne & Parke LLP, New York (Thomas J. Hall of counsel), and Cooley LLP, New York
Sidley Austin LLP, Washington, DC (
Sidley Austin LLP, New York
Quinn Emanuel Urquhart & Sullivan, LLP, New York
Kirkland & Ellis LLP, Washington, DC (Paul Clement) , Williams & Connolly, New York…
Judiciary Law 487 is Not For Everyone, Nor Everything
The statute, which has been with us in one form or another for more than 800 years does not mention “egregious” nor “chronic” nor a “pattern of delinquent behavior.” 487 is handled differently in the First Department, and in the other Departments, there appears to be a lower threshold for its application. Here in Gelwan …
Today in the Court of Appeals
We are pleased to say that the Court of Appeals answered a certified question in our favor in Gevorkyan v Judelson 2017 NY Slip Op 05176 Decided on June 27, 2017 Court of Appeals
DiFiore, Ch. J. a case we have labored on over the past several years. In this novel question of law, the…
Did They Actually Withdraw?
Attorneys and client have a number of related cases arising out of a real estate transaction. They are in and out of some of the transactions, and other eventually go sour. How does the continuous representation doctrine play out in this setting?
In RJR Mech. Inc. v Ruvoldt 2017 NY Slip Op 31232(U) June 8,…
A Huge Investment Loss, Much Litigation Follows
After a multi-million dollar investment suffered some unexpected tax issues, litigation between some legal giants started. Bloostein v Morrison Cohen LLP 2017 NY Slip Op 31238(U) June 7, 2017 Supreme Court, New York County Docket Number: 651242/2012 Judge: Anil C. Singh involves a state supreme court case and at least one arbitration. The players include…
Win at Trial, Lose on Appeal
Gall v Colon-Sylvain 2017 NY Slip Op 04424 Decided on June 7, 2017 Appellate Division, Second Department is the story of a real estate case gone bad, a non-jury trial ending in success for plaintiff and a complete reversal at trial. How can Supreme Court and the Appellate Division differ so, on the same set…