Here is a really excellent article from today’s NYLJ on various calendar dismissals and how to fix them by a law clerk from the Appellate Division, First Department.
“Laxness Dismissal Survival Guide: Restoring Actions
By John R. Higgitt
New York Law Journal
November 1, 2006
One of the main objectives of the civil justice system…
The law suit was over missing African art. Plaintiff claims that defendant’s attorney falsely represented to the court that the art had been seized by Manhattan prosecutors. It was not, and defendant absconded with the art. Yesterday, Judge Cote of SDNY denied summary judgment, and ruled that the case had to be tried. There were…
It is the general rule in the United States, and New York that the client, either for good cause or for no cause, may terminate an attorney’s representation at any time. While the difference between “for cause” and “no cause” has been endlessly debated, a “for cause” termination may be based upon misconduct which does…
The doctrine of Strategic choice is a high hurdle for the attorney malpractice plaintiff. Courts often determine that “mere differences of opinion concerning strategy do not rise to the level of discharge for cause” or in other words, malpractice.A current case, Friedman v. Park Cake, Inc., reported in the New York Law Journal http://www.nylj.com…
Plaintiff had a parcel of land which the state wanted in NJ. As is the custom, the state offers too little, and plaintiff has to scramble to prove the added value. Plaintiff hired law firm 1 on a contingent basis, and the did succeed in raising value; but not enough for plaintiff. He then hired…
Everyone, except for the parties to this case are famous. Plaintiff’s decedent was supposed to have a case filed. The law firm did not, and then broke up. One partner became a Civil Court Judge. Plaintiff’s attorney is exceedingly well known as a Brooklyn power center – several years ago he was involved in a…
Today’s NYLJ reports that “A New York court has allowed Chadbourne & Parke to proceed with a fraud claim against the business manager of a former client who promised his boss’ legal bill would be paid out of proceeds from the sales of an Upper East Side townhouse and a Princeton estate.
Most legal fee…
Ever litigate a wage & hour claim. We haven’t [and were not aware of the term, either], but as always, if there is litigation, there can be errors. Here is a scholarly analysis frome Wagelaw.com of that area of the law and legal malpractice. The article.
1. Russell v. Legal Aid Soc’y, 05-3876-cv , UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT , 2006 U.S. App. LEXIS 24794, September 29, 2006, Legal Malpractice case, previously dismissed in Fed Ct. was brought in State Court, with State causes of action only. Matter required remand. No real discussion of legal malpractice.…
1.Whelan v. Longo, COURT OF APPEALS OF NEW YORK , 2006 NY Slip Op 6375. Plaintiff did not list legal malpractice cause of action in schedules, may not sue.
2. Bishop v. Maurer, 7693, 7694 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2006 NY Slip Op 7619; Estate…
