Caso v Miranda Sambursky Slone Sklarin, Verveniotis LLP   2016 NY Slip Op 30965(U)
May 26, 2016  Supreme Court, New York County  Docket Number: 159192/2015  Judge: Carol R. Edmead is an example of a well pled complaint which shreds at the CPLR 3211 stage.  Today, we  examine the underlying claimed departures and how the Court treated…

We challenge you to make sense of this follie a deux.  Sanko v Roth  2016 NY Slip Op   30930(U)  May 17, 2016  Supreme Court, New York County  Docket Number: 650025/14
Judge: Gerald Lebovits.  The defendant is either plaintiff’s attorney or not.  He either started cases for plaintiff as his attorney or he did not.  We…

It’s the first time we have seen this approach. Plaintiff sues for a declaratory judgment that Defendant attorneys overbilled their client, as well as on claims of legal malpractice.  In Berardi v Phillips Nizer, LLP  2016 NY Slip Op 30860(U)  May 6, 2016  Supreme Court, New York County
Docket Number: 157690/2012  Judge: Nancy M. Bannon…

Plaintiff got herself into a world of money trouble, and did not seem to have a way out.  When Bankruptcy beckoned, she filed a petition.  In doing so, all of her legal malpractice claims were lost.  How did this happen?

Burbacki v Abrams, Fensterman, Fensterman, Eisman, Formatto, Ferrara & Wolf, LLP  2016 NY Slip Op…

Albany:  Each of the four Appellate Division departments has its own case on the issue of whether a legal malpractice case may be brought after a settlement.  The standard is whether the settlement was “effectively compelled by mistakes of counsel.”  In the Third Department that case is Marchell v. Littman, 107 AD3d 1082.  In…

Albany, NY:  The Third Department considered a pro-se appeal, and found against plaintiff. Neroni v Follender 2016 NY Slip Op 01527  Decided on March 3, 2016  Appellate Division, Third Department.  All in all, things turned out poorly for plaintiff.

“In 2007, defendant Jonathan S. Follender (hereinafter Follender) and his law firm, defendant Jonathan S. Follender,…

Vista Food Exch., Inc. v BenefitMall  2016 NY Slip Op 02923  Decided on April 14, 2016 Appellate Division, First Department is an example of the tendency to apply a winning template to almost any situation.  The AD found the template inapplicable in this setting.

“Plaintiff alleges that it relied on defendants’ advice in outsourcing its…

A bill is sent, and a partial payment is made.  More bills are sent, and the client just stops paying. The case does not go well, and there is a dispute between client and attorney.  When the attorney sues for fees, what will be the outcome?

More often than not, the account stated principle comes…