In this Case Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried
NEW YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots. These spots included
Legal Malpractice Cases
Legal Malpractice Cases 1/4/06 to 1/16/06
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.…
Illinois GM Legal Malpractice and Proximate Cause
Here is an Illinois appellate case reported by the Illinois Legal Malpractice Blog arising from an action against General Motors where “the plaintiffs sued their former lawyers for malpractice, alleging that the lawyers were negligent when they failed to sue General Motors for strict liability of a manufacturing defect in a car the plaintiffs were in an accident in. After the defendants argued that proximate causation and damages elements could not be established because the plaintiffs’ successor lawyer successfully sued GM for strict liability the trial court dismissed the plaintiffs’ complaint, and on December 19, 2005, the Illinois Appellate Court affirmed this ruling.”
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Legal Malpractice Cases this Week 1-3-06
1. Menicucci Villa & Assoc., PLLC v. Pickett, 2004-02339 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 10103; December 27, 2005. AD affirms CPLR 3211[a][7] dismissal for attorney.
2. Nationwide Assoc., Inc. v. Epstein, 2004-06060 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT ,…
Legal Malpractice Cases this Week 12-26-05
1. Ellsworth v. Foley, 1458 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT , 2005 NY Slip Op 9871; Decided, December 22, 2005. Plaintiff lost medical malpractice and on appeal when it was determined that attorneys failed to make sufficient jury instruction request/objection. Nevertheless, Attorney malpractice action dismissed for failure to allege sufficient…
Legal Malpractice Cases this Week 12-13-05
1. Smith v. Cohen, 7076 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT , 2005 NY Slip Op 9407; Decided, December 8, 2005, Entered. Plaintiff went to attorney A, who referred him to Attorney B for a personal injury case. Attorney A is dismissed, with no proof that he was retained by Plaintiff.…
Lack of Privity dooms Legal Malpractice Case
Reported in the NYLJ today, [p.20, c.1]Reyes v. Leuzzi, Supreme Court, New York County. A decision by Justice Tolub dismissing a legal malpractice case on the basis that there was insufficient evidence that the attorney actually was retained by the plaintiff. Instead, the evidence indicated that the attorney accomodated the plaintiff by helping…
Attorneys as Experts in Legal Malpractice
May an attorney testify as an expert in a Legal Malpractice, or put another way, it is required that an attorney testify on behalf of plaintiff to make out a prima facie case? Here is a case which on appeal overturned the lower court, and which illustrates both sides of the question. Details from Blog…
Privity, Legal Malpractice and the NYS Court of Appeals
Here is an interesting article from Marian C. Rice, Esq., a source we’ve quoted before [11/15/05]. It discusses a recent NYS Court of Appeals case on privity: the right of a non-client to sue counsel in Legal Malpractice based upon the acts of the non-retained attorney.
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Legal Malpractice Cases this Week 11-29-05
Tropp v. Lumer, 2004-11025 ,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 8972;
Plaintiff wins summary judgment motion on continuous representation by showing that defendant attorney was “watching over” the case he referred, and that he participated by at least preparing plaintiff for the EBT.
Merlin Biomed …