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…

Accounting malpractice, a sister to attorney malpractice has many of the same principles and doctrines as does legal malpractice.  Interestingly, accounting malpractice has more of an episodic rhythm of yearly tax filings.  A specialized set of statute of limitations rules applies to the tax year filings. Here, however, the accounting firm was sued for its…

O’Neil’s, a defunct restaurant, wanted to move on after the founder’s death.  They hired a law firm which had clients that wanted to take over the space.  The law firm represented both sides, and as one might expect, one side was unhappy with the outcome.  The long-running successful restaurant still owed $ 1.5 million in…

It wasn’t the pleading of the claim, and it wasn’t merely that the claim was settled.  The Appellate Division, 4th Department found that Counter-claimant wife could not get past a speculative description of damages in Chamberlain, D’Amanda, Oppenheimer & Greenfield, LLP v Wilson  2016 NY Slip Op 00841  Decided on February 5, 2016  Appellate Division,…

Whether in legal malpractice, accounting malpractice or legal malpractice about an accounting malpractice claim, In Pari Delicto is a powerful defense widely wielded by defendants.  They say, in essence, we sued a wrongdoer, but failed.  Now you (the wrongdoer’s employer) sue us.  Courts should not intervene between two wrongdoers, and that’s what you are asking…

All too often, the Appellate Division affirms Supreme Court’s dismissal of a claim with a blanket statement of black-letter law.  These dismissals, understandable under the unrelenting numbers of cases before the Second Department (for example) fail to inform litigants of what is a proper quanta of factual allegations and those which will fail the test.  …