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…

You work for a landscaping company, and are working on a big job at Van Cortlandt Park.  You fall off a machine and get hurt.  You apply for Workers’ Compensation benefits, and they are paid. Some months later you are told that you need an attorney.  You hire the attorney and he works on the…

We’re very proud to announce our article in today’s New York Law Journal.  “Judiciary Law § 487 Joins the Mainstream”  We hope you enjoy.

Today we once again look at Doviak v Finkelstein & Partners, LLP  2016 NY Slip Op 01636
Decided on March 9, 2016  Appellate Division, Second Department, this time for the question of spoliation in a legal malpractice setting.  What happens when a particular piece of paper assumes enormous importance and might require forensic testing for…

U Joon Sung v Park  2016 NY Slip Op 30354(U)  February 23, 2016  Supreme Court, New York County  Docket Number: 159279/15  Judge: Kathryn E. Freed is typical of the chameleon-like conduct of defendants in a legal malpractice case.  Without a pause, they take on the coloration and the defenses of the original tortfeasor; in this…

We sometimes stray into professional liability other than that of legal malpractice, and today we look at Dormitory Auth. of the State of N.Y. v Samson Constr. Co.  2016 NY Slip Op 01546
Decided on March 3, 2016  Appellate Division, First Department.  The City of New York decided to build a state-of-the-art forensic lab for…