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…
Justice Kornreich defends the integrity and reach of New York courts in GE Oil & Gas, Inc. v Turbine Generation Servs., L.L.C. 2016 NY Slip Op 50825(U) Decided on May 27, 2016
Supreme Court, New York County Kornreich, J. which is a high-level commercial case over the question of loan v. investment. Of interest to…
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 fact studded complaint which alleges a cause of action, but then shreds under analysis by the Court. Was it because the wrong…
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,…
