Plaintiffs run a marina, and are hounded by the Town of Carmel.  Apparently the Town does not like how they are running the marina.  The problem for the town is that it does not have jurisdiction over the marina.  Hence, its criminal and civil zoning cases are defective.  Plaintiffs resist for years and then sue…

Only clients may sue their attorney in legal malpractice.  It really does not matter (so much) whether the attorney made a mistake that hurt you.  What matters is whether you (and that means you, not your father) hired the attorney.  So, beneficiaries to estates that don’t get what they should can rarely sue the attorney…

Trustees, just like regular prople, put their trust in attorneys.  After all, the attorney can be trusted to take care of the details, no?  Anyway, the attorney is sure to send a bill.  In this situation, the trust in the attorneys rigor was misplaced.

Ianiro v Bachman  2015 NY Slip Op 06709  Decided on September…

Augustus Butera is a photographer whose work was handled by the former MCA Creative Services, which self-immolated some time back.  In Augustus Butera Photography, Inc. v MCA Creative Servs., Inc.2014 NY Slip Op 32974(U) October 21, 2014   Supreme Court, New York County  Docket Number: 651984/11  Judge Nancy M. Bannon gives a primer on the…

We started discussing Sitomer v Goldweber Epstein, LLP  2015 NY Slip Op 31541(U)  August 14, 2015  Supreme Court, New York County
Docket Number: 158325/13  Judge: Barbara Jaffe on Tuesday.  Two witnesses were not called for plaintiff at the divorce trial.

“On September 25, 2007, the divorce trial commenced. (NYSCEF 37). By email dated October 11,…

Sitomer v Goldweber Epstein, LLP 2015 NY Slip Op 31541(U) August 14, 2015 Supreme Court, New York County Docket Number: 158325/13 Judge: Barbara Jaffe is a gold-mine of legal malpractice issues and decisions.  What happens if you have good evidence in favor of your client, but fail to use it?

“By letter dated May l,…

Kagan Lubic Lepper Findelstein & Gold LLP v 325  Fifth Ave. Condominium  2015 NY Slip Op 31470(U)  August 6, 2015  Supreme Court, New York County  Docket Number: 151878/15
Judge: Cynthia S. Kern is a goldmine of interesting writing on legal malpractice.  One question that frequently comes up is what to do when the statute of…

What exactly is legal malpractice, and what is not is a constant theme for debate in this field.  Whether the attorney’s acts were strategy, departure, negligence, or merely an exaggerated version of otherwise proper attorney conduct is often a question on a CPLR 3211 motion. Kagan Lubic Lepper Findelstein & Gold LLP v 325  Fifth …