Mr. San LLC v Zucker & Kwestel LLP ; 2012 NY Slip Op 32119(U); Sup Ct, Nassau County Docket Number: 601065/11; Judge: Stephen A. Bucaria is an interesting example of the "whose lawyer is it" question that frequently arises in the formation of new businesses.
"This is an action for aiding and abetting fraud. Plaintiffs…
We saw Margin Call. Dexia SA/NV v Morgan Stanley 013 NY Slip Op 51696(U); Decided on October 16, 2013; Supreme Court, New York County; Bransten, J. is the litigation that might have followed the events in Margin Call.
Admittedly there is no legal malpractice claim in Dexia. We wonder what will happen now…
While one might expect that this article is about a statute of limitations question, it is about both moving too fast and waiting too long in a motion for summary judgment. Imagine the tensions that exist for defense counsel in legal malpractice litigation. They want the case to end, yet, must amass enough evidence to…
While not exactly legal malpractice-centric, the question of how plaintiff’s and defendant’s attorneys prepare for a medical malpractice case does touch on whether either is departing from good and accepted practice of law.
The dispute is easily set forth. Under Arons v. Jutkowitz, 9 NY3d 393 (2007), Defense counsel were permitted private interviews with treating…
A shockingly large number of educational institutions in New York and all over the country are now facing their history of teacher-student sexual abuse. Horace Mann, Brown & Nichols, Poly Prep. Each have had their past investigated, and in many instances come up short.
What of the law firms that represented these schools? Are they responsible…
We often wonder whether legal malpractice cases are subject to a higher form of scrutiny, although it may also be true that mistakes are more often made by attorneys in their worst (underlying) cases. In any event sometimes a legal malpractice case goes to the jury on the real question of whether plaintiff could have…
Two mega law firms work together to present the case of an attorney against his former partnership. The arbitration goes badly, expert witnesses are precluded and the award is not good for plaintiff. Shortly thereafter law firm 1 starts a legal malpractice action against law firm 2. Needless to say, relations between them do not proceed…
In a decision about liability for negligent drug testing, Landon v Kroll Lab. Specialists, Inc. 2013 NY Slip Op 06597 Decided on October 10, 2013 Court of Appeals, Ch. J/ Lippman took time to restate the policy rationale for Dombrowski v. Bulson, 19 NY3d 347(2012).
In Landon, plaintiff "commenced this action…
In Eighth Ave. Garage Corp. v Kaye Scholer LLP 2012 NY Slip Op 02402 Appellate Division, First Department Kaye Scholer defended itself, and obtained dismissal. Schwartz & Ponterio were unable to save the case for plaintiff.
The Court held that "Plaintiffs failed to allege facts in support of their claim of legal malpractice that…
Attorneys are subject to a triumvirate of claims, which may generally be: legal malpractice in tort, legal malpractice in contract and breach of fiduciary duty. Attorneys are fiduciaries of their clients, but interestingly, accountants (even CPAs) are not. In Knockout Vending Worldwide, LLC v Grodsky Caporrino & Kaufman CPA’s, P.C. 2012 NY Slip Op…
