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…

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…