You want to sue your attorney, and the security guard downstairs won’t let the process server up. The process server goes there several times, and fails to get upstairs. What is one to do?
Miller v Friedman 2013 NY Slip Op 30282(U) January 29, 2013 Supreme Court, New York County Docket Number: 400833/12 Judge: Joan…
Defendant attorney represented buyer in a real estate transaction, in which she obtained only a part of what she expected to get. Who was at fault, the attorney or the title company? The Court decided that the title company was not responsible and the attorney went to trial. After trial, in which the buyer obtained…
This case appears to be a fee dispute with a healthy counterclaim. We glean that defendants waited until (and perhaps only because) they were sued for legal fees. They responded with a legal malpractice counterclaim. In Debevoise & Plimpton LLP v Candlewood Timber Group LLC
2013 NY Slip Op 00408 Decided on January 29, 2013 …
Attorney is hired to represent funeral home for a disinterment. In the retainer agreement, it is specifically set forth that the attorney will also be representing the person requesting the disinterment. A $10,000 retainer is given, and the work begun. It ends successfully. When the bill is sent, the funeral home refuses to pay. We…
Millennium Imports LLC marketed a huge success in the vodka world, "Belvedere." Millennium was itself a golden child of the Louis Vuitton, Moet and Hennessy (LVMH) companies, so when a California winery that already had a wine called Belvedere claimed trade infringement, a small licensing fee of $ 30,000 per year was nothing to worry…
Often, insurance companies seem opaque and distant. Their decision making is hidden, individuals seem to have significant power over settlement decisions, and the rules that permit denials of coverage are Byzantine. Here is a rare look into how the defense bar and the insurance companies interact. Insurance Corp. of N.Y. v Smith, Mazure, Director, Wilkens, …
Straw buyer and fake seller. Not unheard of terms in real estate transactions. They are bad enough, but then the escrow monies on their way to pay off the earlier mortgage go missing. Who’s to blame?
In Khadidiatou Bah v Stuart 2013 NY Slip Op 30171(U) January 17, 2013 Supreme Court, New York County Docket…
Gallet Dreyer & Berkey, LLP v Basile 2013 NY Slip Op 30101(U) January 16, 2013 Supreme Court, New York County Docket Number: 109687/11 Judge: Donna M. Mills is a recently decided case that touches on three themes. The first is legal malpractice cases after settlement, the second is privity and the third is hindsight. Plaintiffs…
Wadsworth Condos LLC sought to develop a condominium building, and took on others as kind-of partners, but really as tenants in common. What developed thereafter led to problems with municipal entities, a lot of money spent and a legal malpractice case, Wadsworth Condos LLC v Dollinger Gonski & Grossman 2013 NY Slip Op 30149(U) …
The Appellate Division avoided rubber stamping a summary judgment decision, and took a longer and closer look at the underlying case. In this particular instance it affirmed, but did not simply say that settlement of the underlying case ended the discussion. In Bellinson Law, LLC v Iannucci
2013 NY Slip Op 00395 Decided on January…
