Businesses grow huge, make multi-million dollar loans (read: $ 125 million+) and buy/sell huge ongoing and decrepit stores.  How do they go astray?  We see one example in Ableco Fin. LLC v Hilson  2013 NY Slip Op 05665   Decided on August 20, 2013   Appellate Division, First Department .  Was it attorney error, or merely a…

Time limitations and continuing representation are a constant issue in legal malpractice cases.  When the statute begins to run and how long it may be tolled are sub-issues.  Cordero v Koval Rejtig & Dean PLLC;  2013 NY Slip Op 31893(U) ;  August 8, 2013;  Supreme Court, New York County ;  Docket Number: 113450/11; Judge:…

In this case, the court permits client to plead fraud even though legall malpractice is time barred. Why? Unsophisticated client retains attorney for a first time purchase of a business. Attorney undertakes complicated transaction for $ 3000. As soon as the contract is ready, attorney tells client to sign a wavier, and then seems to…

Accounting malpractice, like any other variant of professional malpractice (attorneys, brokers, financial professionals) are all subject to a three year statute of limitations, which may be tolled for continuous representation.  In Ghiz v Schreck & Co.  2013 NY Slip Op 31869(U)  August 9, 2013
Sup Ct, New York County Docket Number: 158805/2012  Judge: Eileen…

Legal malpractice, and its cousin deceit might be found anywhere attorneys tend problems.  One fairly startling setting is the Poly Prep sex abuse litigation.  Like the similar Horace Mann sexual abuse litigation, there are numerous claims of concealment and lying. Andrew Keshner writes in today’s New York Law Journal that former students have filed a…

We’re pleased to announce an article in the New York Law Journal, entitled When the "Attorney-Client Relationship Ends" appears today in the Outside Counsel column. Here is an excerpt from the article:

"As do all things in life, an attorney-client relationship, once commenced must someday end. It may end at the settlement or verdict of…

When does the statute of limitations begin to run?  It might be on the day of the mistake, and it might be later.  The "later cases" are rare, and  few in number.  Anderson v Beranbaum 2013 NY Slip Op 31821(U) August 5, 2013 Sup Ct, New York County Docket Number: 151918/2013
Judge: Anil C. Singh…

Its not always easy to say when the last date upon which an attorney renders service to a client, nor when the statute of limitations commences. . is it on the day that a defective security agreement is prepared? is it on the day that the security agreement is given to debtor? In this case…