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…
OK, so the client comes into the office, and you think you might take the case. Then, after further thought, you think you might not take the case. What do you do? How do you do it? Lindsay v Pasternack Tilker Ziegler Walsh Stanton & Romano LLP 2015 NY Slip Op 04819 Decided on June…
Dawson v Schoenberg 2015 NY Slip Op 04603 Decided on June 3, 2015 Appellate Division, Second Department is the sister case to Dawson which we discussed yesterday. As is well settled, in a legal malpractice case against a former defense attorney, plaintiff must demonstrate that the conviction “was due to the attorney’s actions alone and…
Gelwan v Youni Gems Corp. 2015 NY Slip Op 30916(U) June 2, 2015 Supreme Court, New York County Docket Number: 653656/2013 Judge: Manuel J. Mendez is an example of how much time and effort attorneys are willing to put into their own fee dispute cases. Here the dispute is over a contingent fee in a…
Melnick v Farrell 2015 NY Slip Op 03658 Decided on May 1, 2015 Appellate Division, Fourth Department is an interesting case about upstate inventors, selling an invention to another company, protection in a future bankruptcy proceedings, and how a multi-million dollar asset can be lost without attorney malpractice.
“Memorandum: Plaintiffs commenced this legal malpractice action…
Johnson v Proskauer Rose LLP 2015 NY Slip Op 03626 Decided on April 30, 2015 Appellate Division, First Department Mazzarelli, J., J. is the story of heirs who are seduced into an expensive tax avoidance scheme, only to lose millions. Whose fault is it? Is the story merely greedy heirs, or is it fraud by…
