Town buys property previously owned by bus company. They plan to remediate the property, and turn it into a park. Town’s Attorney is Democratic. Town board is Republican majority, soon to change after election. Result? Attorney is potentially a legal malpractice defendant, solely dependent on whether Republicans or Democrats have the majority.
The Story, found…
Continuing in the turnabout tradition of legal malpractice defense, wherein the defendant attorney takes on the coloration of its previous adversary in order to defeat a "case within a case’ is this matter: Lederer de Paris Fifth Ave., Inc. v Jordan & Hamburg, LLP ; 2008 NY Slip Op 09462
Decided on December 2, 2008 …
One of the problems in figuring out a legal malpractice case by reading an appellate decision, is that even when the court gives a detailed set of facts, thee are many connections either not apparent or missing. Here in Ito v. Suzuki, 2008 NY Slip Op 9437, Decided December 2, 2008, Appellate Division, 1st Department…
During the campaign season, news reports ouline the amounts of money individuals donate to candidates, and there are websites which track donations by name. Recently in West Virginia, a legal malpractice case involving the Massey Coal company there made news when the US Supreme Court decided to hear the question of whether campaign contributions required recusal…
Plaintiff claimed pay and benefits from the Board of Education. Apparently there is a two part process for such claims. The first thing to do is to request a hearing. Later, one may bring an Article 78 proceeding.
In Leticia Abreu v Jose A. Quesada,4489, 6884/05; SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST…
In STEPHEN F. BRUMMER, , v THE BARNES FIRM, P.C., CELLINO & BARNES, P.C., STEPHEN E. BARNES, ROSS M. CELLINO, AND RICHARD J. BARNES, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT;2008 NY Slip Op 8831; 2008 N.Y. App. Div. LEXIS 8924 we see a discussion of legal malpractice cases centering on…
Attorney A refers a case to Attorney B, and agree that they will share in a contingent fee between them. Ethical issues aside, may Attorney A, who has not committed malpractice nor taken an active role in the case, be held responsible for Attorney B’s malpractice?
Rosenstrauss v Jacobs & Jacobs ;2008 NY Slip…
"Turnabout is fair play" This childhood aphorism describes the third-party practice in a newly reported case, 601 Realty Corp. v. Conway Farrell, Curtin & Kelly PC, NY Slip Op. 33076, from Supreme Court, Nassau County. The case arises from a lead paint case, and features Conway Farrell’s attempt to third-party plaintiff”s personal attorney which fails.
During the…
Criminal Law practitioners enjoy a blanket immunity for legal malpractice not permitted to any other field of law. Briefly put, a convicted criminal defendant may not successfully sue his attorney unless he can demonstrate innocence or later exoneration.
Here is a case of an individual who pled to a counterfeiting [presumably handbags, ect, and not…
Demonstrating the ancient rubric, "the enemy of my enemy is my friend" the case of Rosenstrauss v Women’s Imaging Ctr. of Orange County ;2008 NY Slip Op 08473 ; Decided on November 5, 2008 Appellate Division, Second Department shows us how a procedural issue forces plaintiff to espouse the defense of the legal malpractice defendant…
