Sabo v. Alan B. Brill, P.C., 7561-7561A, Index 100055/04 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2006 NY Slip Op 221; Decided, January 12, 2006, This is a summary judgment dismissal of what appears to be a real estate transaction gone wrong. Both the attorney and the title company won dismissal.

Frost Line Refrigeration, Inc. v. Gastwirth, Mirsky & Stein, LLP, 2005-03137 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 139; January 10, 2006, Decided. Here, plaintiff signed a consent to change attorney which started the statute of limitations running. Plaintiff’s argument that the statute started running upon later dismissal of the case does not convince the court nor the appellate court.

Izko Sportswear Co., Inc. v. Flaum, 2004-00279, 2004-01167, 2004-05260 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 142; This is an interesting and unusual case of Judiciary Law 487, which is usually dismissed. The plaintiffs alleged that their attorney, who represented them in a chapter 11 bankruptcy misled the court, as well as having committed malpractice. The attorneys were eventually awarded legal fees in the Bankruptcy court. Because a court granted legal fees, the malpractice action was dismissed upon res judicata. After dismisal of the legal malpractice portion, the judiciary law portion remains.

Achtman v. Kirby, McInerney & Squire, LLP, 02 Civ. 9913 (JES) , UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK , Decided, January 5, 2006. This is the Broker’s case reported in yesterday’s Blog under “Legal Malpractice and Securities Litigation. This case ends with the plaintiff’s attorneys foreclosed from filing any further matters without express permission.

Here is a strange story from Christopher R. Jones of the PSLRA Nugget Blog about class-action plaintiffs who attempted to sue the class-action attorneys, only to have the entire case fall apart. After a $ 160 million + recovery, several plaintiffs brought the legal malpractice action based upon the claim that Arthur Andersen was not a defendant. The case ended with plaintiff’s attorneys no longer able to file without specific permission of S.D.N.Y judge Sprizzo. Details.

Here is a case from Virginia, in which an innocent man was convicted of murder. He served time, and was later released. He successfully obtained compensation from the State of Virginia of $ 750,000, and followed with a legal malpractice suit against his attorneys. The legal malpractice case was dismissed on the basis that state compensation ruled out any other compensation, including legal malpractice. Details.

The essence of good and adequate legal practice may well lie in the small details: when and when to file a new law suit. An article in today’s New York Law Journal tells of an easy to make mistake in filing a “special proceeding”. These cases are often subject to a very short statute of limitations, arising from a denial by government and an Artcle 78 proceedings. Continue Reading Mistakes at the Clerk’s Office and Legal Malpractice

Jessica M. Walker reports in Law.com A legal malpractice case in which “a Miami city commissioner is calling for a criminal investigation into a $7 million settlement brokered by a prominent Miami attorney in a lawsuit filed by four city property owners claiming that the city levied an unconstitutional fire rescue tax.” This matter has spawned a legal malpractice case, too. Details.