LOK PRAKASHAN, LTD.  -v.- RALPH A. BERMAN, DAVIDOFF MALITO & HUTCHER, LLP,
No. 09-0136-cv; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 22988 is an example of the Court’s continued romance with the concept that litigation is an art and not a science.

What is a question of judgment? " "A…

Way back when, there were different statute of limitation in legal malpractice cases which sounded in either tort [3 years] or contract [6 years].  The Court of Appeals approved, and it was the law of the land.  As is its power, the legislature then passed CPLR 214(6) which created a single 3 year statute of…

In General Credit Corp v. Guidice 2009 NY Slip Op 32418(U), Supreme Court, New York County, Decided 10/15/09, Justice Kornreich, we one reason that the public has less than stellar views of attorneys.  Here, evidence was produced to show that one attorney wrested control of the corporation and caused it to enter into adverse financial transactions that…

When is it the attorney’s fault, and when the Client’s ?  That question is answered, in this particular situation, by the decision in Bernard v/ Proskauer Rose LLP.

Client is an extraordinarily accomplished real estate transactionalist.  In 1994 he joined the Trust Company of the West, as a portfolio manager for certain real estate…

Jousting with the landlord over rent stabilized apartments is a uniquely NYC type of activity. Violations of the rent-stabilization laws may lead to treble damages, and tenants routinely litigate over the actual v. statutory rent, whether there has been an illegal rent increase, and over violations.

Here, in Kyle v. Heiberger, NY Slip Op 32409(u)…

Izko Sportswear Co., Inc. v Flaum ; 2009 NY Slip Op 04387 [63 AD3d 687] ; June 2, 2009 ; Appellate Division, Second Department  is a somewhat famous case in Legal Malpractice.  In earlier decisions, the Appellate Division determined that plaintiff stated a cause of action in Judiciary Law 487.  Now, the case has…

The folks over at Attorney.org recently contacted me about an interview for their website. If you don’t know who they are, check them out.  . In addition to legal news, they also highlight noteworthy attorneys from around the country. One of their upcoming features is a highlight of local Attorney Generals and District Attorneys. They…

A prime worry for the legal malpractice practitioner, on either side of the aisle, is whether there is legal malpractice insurance.  For the defendant, it is paramount; for the plaintiff it is significant.  Much thought has gone into how to determine whether the target defendant has adequate [or indeed, any] insurance, and planning has to…