This week brings a decision in SHEEHY,v. NEW CENTURY MORTGAGE CORP., ET AL., No. 08-CV-377 (JFB) (MLO);UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK;2010 U.S. Dist. LEXIS 15201,  We have noted a trend in legal malpractice cases involving allegaions of breach of fiduciary duty.  Here is another one.
 From the decision:…

It’s a rare phenominom, but in this case the Second Department took another look at a case, and significantly changed its decision regarding legal malpractice.  in Uzzle v Nunzie Ct. Homeowners Assn., Inc. ;2010 NY Slip Op 01476 ;Decided on February 16, 2010 ;Appellate Division, Second Department   under 2008 NY Slip Op 7905, the AD…

In Yakubov v Borukhov we see a common fact pattern.  It consists of an early event followed by litigation, bad outcome, and a look back, in legal malpractice, at the original attorney from years before.

Here the sequence is:  Real estate contract which was to allow plaintiff to subdivide property.  Seller balks, and Plaintiff-buyer litigates…

How does an attorney prove negligence in a trip & fall case?  Failures in such proof provide a steady steam of legal malpractice inquiies, and fuel much plaintiff suspicion that the law is either not fair, or that their attorney could have done a better job.

In  Grazidei v. Mezeny Inc., 4903/07; Decided: February 9…

A common law retaining lien entitles the outgoing attorney to retain all papers, securities, or money belonging to the client that came into the attorney’s possession in the course of representation, as security for payment of attorney’s fees. Arising from Judiciary Law 475, it is enforceable only by retention of the items themselves and is…

Unions provide attorneys and legal coverage for their members.  Sometimes employers provide attorneys for their employees.  Do they have legal malpractice responsibility to the member-employee ?  Does the attorney have a legal malpractice responsibility to the client, in the absence of privity?  Some answers are set forth in   NADA, -against- 1199 SEIU HEALTH CARE EMPLOYEES UNION…

Once, the Corning glass works were a behemoth in upstate New York.  World class, cutting edge [no pun], and hugely successful, ownership of Corning stock was both a good investment and an emblem of upstate NY industriousness.  This case, Matter of Hsbc Bank U.S.A. v Jesse T. Littleton, 2010 NY Slip Op 01099…

When one starts to read a case, and the plaintiff is pro-se, look out for common mistakes within.  In Williams v Bushman ;2010 NY Slip Op 00840 ;Decided on February 2, 2010 ;Appellate Division, Second Department  we see at least two.  Here is the story line:
 

"The plaintiff, Nathaniel N. Williams, retained the…