Kassel v Donohue  2013 NY Slip Op 32015(U)  August 22, 2013  Supreme Court, New York County  Docket Number: 150886/2013  Judge: Eileen A. Rakower is an example of the court working its way through a series of causes of action, and individually (rather than blanketly) upholding or dismissing them.

"As alleged in the proposed Amended Complaint…

Board of Mgrs. of Foundry at Wash. Park Condominium v Foundry Dev. Co., Inc.   2013 NY Slip Op 51423(U)   Decided on August 23, 2013   Supreme Court, Orange County   Marx, J. is a short caption for a very convoluted case.  It involves real estate as does much NY litigation.  What is particularly interesting here is…

As Christine Simmons of the New York Law Journal reports today:  "Cadwalader Wickersham & Taft failed to defeat a malpractice suit brought by Red Zone, an investment vehicle run by the owner of the Washington Redskins, after a state judge found the firm did not prove it gave adequate warning that a side letter it…

CIT Lending Serv. Corp. v Morrison & Foerster LLP  2013 NY Slip Op 31980(U)  August 20, 2013
Sup Ct, New York County  Docket Number: 653797/2012  Judge: Melvin L. Schweitzer has a well written discussion of the difference between contribution and indemnity, as well as an exposition on how "pure economic loss" applies to legal…

The Court of Appeals has ruled that the only damages available in legal malpractice are  purely economic.  Dombrowski v Bulson  2012 NY Slip Op 04203 [19 NY3d 347]  "We see no compelling reason to depart from the established rule limiting recovery [*4]in legal malpractice actions to pecuniary damages."  "Wolkstein v Morgenstern, 275 AD2d…

Commercial lender makes three loans to building developer.  Lender hires law firm to make necessary filings to protect the loans.  Law firm hires title company to provide title insurance and title insurance company hires another  company to do the physical filing.  A dispute over payment to the law company delays the paper filing, all to…

Airey v Remmele 2012 NY Slip Op 22299 ; Supreme Court, Erie County NeMoyer, J. is a case we started to read, and then had to go back to the beginning to sort out. Who would have thought that this story would have happened in the Buffalo area?
 

While this is not a legal malpractice…

Well, actually not "buying" the case and not losing the "receipt", nevertheless, plaintiff purchased 50% of an intended legal malpractice case and then lost the contract…or did he?

Pearlman v Faulisi  2013 NY Slip Op 31963(U)  August 7, 2013  Supreme Court, Suffolk County
Docket Number: 15123-2011  Judge: Emily Pines.  "In the Amended Verified Complaint…