Two things stand out in the Bernie Madoff spin-off case.  The first is that everyone involved has been determined to be a wrongdoer, and the second is that the case should have taken place in the Netherlands.

In New Greenwich Litig. Trustee, LLC v Citco Fund Servs. (Europe) B.V.  2016 NY Slip Op 06796  Decided…

We are proud to showcase today’s Outside Counsel Column in the NYLJ “The ‘But For’ Black Hole in Legal Malpractice”  written by Andrew Lavoott Bluestone.

Supreme Court, Nassau County answered yes to the question.  This tragic story pits brother against brother, with the innocent and the guilty tormented alike.

From the decision in Galasso, Langione, & Botter, LLP v Galasso  2016 NY Slip Op 51308(U)
Decided on September 19, 2016  Supreme Court, Nassau County  DeStefano, J.:

“In 1993, the Firm…

Sometimes short and concisely written opinions contain much information. Today, we cconclude with  Jefferson Apts., Inc. v Mauceri  2016 NY Slip Op 26230  Decided on July 25, 2016  Supreme Court, Queens County  Ritholtz, J. are simple.  An accounting firm is hired to oversee the basic accounting needs of a corporation.  Lots of money is missing.  …

Contribution is the concept that one party might owe another party the obligation to share in the bad times…and to be financially responsible for a claim or verdict against the first party.  It matters whether the claim is for tort or contract.  In legal malpractice the lines are blurred, but when the contribution is for…

Judiciary Law § 487 is an ancient statute, emanating from long-ago England centuries before Brexit.  In Charles Deng Acupuncture, P.C. v Titan Ins. Co.  2016 NY Slip Op 26211  Decided on June 30, 2016  Civil Court Of The City Of New York, Kings County  Montelione, J. we see (what appears to us) a unique and…

Plaintiff law firm sues for unpaid fees. Knowingly, they wait more than three years after the end of the relationship to do so.  Client files a legal malpractice counterclaim.  Is it too late?  The answer is “kinda.”

Balanoff v Doscher  2016 NY Slip Op 04896  Decided on June 22, 2016  Appellate Division, Second Department reminds…

Was the wrongdoer a rogue or a trusted insider?  Should the professional have deduced that there was wrongful conduct which damaged the corporation?  If it was not discovered is there malpractice?

Stokoe v Marcum & Kliegman LLP  2016 NY Slip Op 00587 [135 AD3d 645]  January 28, 2016
Appellate Division, First Department answers some of…