The question of standing is frequently seen in shareholder-corporation cases and often leads to legal malpractice claims afterwards. In Lieblich v Pruzan 2013 NY Slip Op 01497 Decided on March 12, 2013 Appellate Division, First Department we see the converse.
"This is an action for, inter alia, legal malpractice arising from defendant attorney’s representation…
New York State Workers’ Compensation Bd. v SGRisk, LLC 013 NY Slip Op 50338(U) Decided on March 1, 2013 Supreme Court, Albany County Platkin, J. is an accounting malpractice and fraud case, but it has implications for legal malpractice, and the Court explains how causes of action for fraud, breach of fiduciary duty and…
Client is faced with a buy-out situation in which it must move a store. Client hires attorneys to negotiate the buy-out and calculate how costs and taxes will affect the buy-out price. The attorneys do not calculate all taxes, and the buy-out price does not cover the taxes. Is this legal malpractice?
The Appellate Division, Second Department is a busy place and provides many many decisions every year. Many of them are definite, but sparse on detail. In Montero v Cohen , 2013 NY Slip Op 01382 Decided on March 6, 2013 Appellate Division, Second Department we see that this was a matrimonial case, we see that it…
The legal malpractice statute of limitations commences when the mistake is made. It runs for three years from that date, although it may be tolled by the continuous representation doctrine. That continuous representation doctrine requires that the attorney and client agree that more work needs to be done, that the attorney continues to work on…
Dealy-Doe-Eyes Maddux v Schur 2013 NY Slip Op 01309 Decided on February 28, 2013 Appellate Division, Third Department is the remaining portion of a twin legal malpractice case that has suffered grievous injury. "Plaintiff commenced two legal malpractice actions against defendant, the second of which proceeded to trial and was dismissed by Supreme Court…
Its becoming harder to discern when a Judiciary Law 487 pleading will withstand a motion to dismiss on the pleadings. In Cohen v Kachroo 2013 NY Slip Op 30416(U) February 22, 2013
Supreme Court, New York County Docket Number: 111735/10 Judge: Eileen A. Rakower the motion to dismiss was denied, unfortunately without significant comment…
Coverage under a legal malpractice insurance policy, is the sole reason for paying premiums, and probably one good reason that litigating attorneys fall asleep at night. They are handling multi-million dollar cases, earning big fees and (hopefully) helping their clients. If it all goes wrong, and in the field of human events there are always mistakes…
Rather than try to boil this case down, we quote fromHadar v Pierce 2013 NY Slip Op 30185(U)
January 4, 2013 Sup Ct, New York County Docket Number: 652811/11 Judge: Eileen Bransten.
"This action arises from an underlying dispute between Eric Hadar and his father Richard Hadar. Eric Hadar has been a successful real…
To what extent did defendant attorneys participate in the negotiation and advice given to a doctor who had a condo along with a professional suite, and then rented the suite? Was co-defendant the attorney who gave all the advice and defendant merely one who attended the closing?
