Macaluso v Pollack , 2010 NYSlipOp 30276(U) , Justice Diamond, Nassau County presents an interesting story of how a case can get dismissed. Beyond the storyline, the case presents analysis of liability of predecessor/subsequent attorneys, how the dissolution of a partnership affects legal malpractice litigation, what subsequent attorneys  can accomplish in the Second Circuit, and potential liability of associate attorneys.…

Carboni v Ginsberg ; 02/02/2010 2010 NYSlipOp 30256(U) Maltese, J. is an illustration of how a potential legal malpractice case underlays almost all activity within the realm of attorney representation, which is to say, everything.

Here, the question is whether plaintiff lost his employment in a wrongful manner, and after that determination, whether he has…

In Edelman v Poster ;  2010 NY Slip Op 00788 ;  Decided on February 4, 2010 ;  Appellate Division, First Department  we see a situation in which a matrimonial retainer agreement boldly stated a right to arbitrate, yet the Appellate Division, First Department, determined that client has no right to arbitrate.
 

Here is the…

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…

There are a few situations in legal malpractice where an expert is not needed for plaintiff.  An expert is needed, in general, when the subject matter is unknown or too complicated for lay jurors to understand or determine, and they require explanation by a person who is professionally or educationally acquainted with the specialized field. …

We can’t tell an awful lot of the facts of the underlying case from the Second Department decision in Nelson v Roth   2010 NY Slip Op 00658   Decided on January 26, 2010   Appellate Division, Second Department but we do see the ironic clash of two well known Legal Malpractice defense firms, one acting as a plaintiff’s…

Client hires law firm, law firm is said to have made mistakes, law firm is said to have made corrective motions based upon its own mistakes, and then charged client.  Law firm sues client, and client answers without filing a counterclaim.

Its not evident from the decision but we guess that client then hired an…

Victoria Kremen suffered unnecessary, and negligent bilateral mastectomy.  It is said that removal of secondary sexual characteristics is akin to removal of ones central identity.  Ms. Kremen was subjected to a horrible misdiagnosis, with subsequent surgery.

Things only went from bad to worse.  She hired attorneys, but the action was not filed correctly.  From law.com…