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 …
Death on the construction site is a horrible thought. Decedent plaintiff in this case suffered an unnecessary electrical shock while working on a Church, and then fell 150 feet to his death. Are any of the professionals who planned or supervised the work potentially responsible?
Mulhall v Archdiocese of N.Y. 2015 NY Slip Op 31378(U) …
The world of general professional negligence is vastly similar to that of legal malpractice. Sometimes during the summer months, when the Appellate Division output slows down, we sample the world of Accounting or Architectural malpractice. Here is a story about expecting snow at Cornell University during the winter.
“In this personal injury action, plaintiff, an…
We started story about this case on Friday. Here is the balance of the court’s decision on fraud and aiding and abetting fraud. This was a big international fraud in which Proskauer billed $1 Million for representation of one of the players, and was accused of helping the fraud itself, by accepting funds obtained through…
Unjust enrichment is not unlike a utility infielder in baseball. Its a nimble concept, ready to be applied and get in the game on short notice, and is willing to be place wherever it best serves the team.
Comprehensive Mental Assessment & Med. Care, P.C. v Gusrae Kaplan Nusbaum, PLLC 2015 NY Slip Op 05904 …
Harvey v Handelman, Witkowicz & Levitsky, LLP 2015 NY Slip Op 05794 Decided on July 2, 2015 Appellate Division, Fourth Department is a harbinger of legal malpractice issues to come. Likelyhood of success on appeal will be a banner issue in almost all legal malpractice cases.
“Memorandum: Plaintiff commenced this legal malpractice action seeking…
The statute of limitations for legal malpractice is 3 years, although it may be “tolled” by continuous representation. The rules for continuous representation are complex, but in general there has to be a continuing understanding between attorney and client of a need for further work and there must be a continuing relationship of trust and…
