For a well written decision on one of the most complicated factual settings we can remember, read Oikonomos, Inc. v Bahrenberg   2013 NY Slip Op 50017(U)   Decided on January 5, 2013   Supreme Court, Suffolk County   Pines, J.   This legal malpractice-breach of fiduciary duty-breach of contract-fraud-promissory estoppel- equitable estoppel case has even more to it.  The…

We were unable to select the best of Gerard M. Tanella’s transgressions, and invite you to read the entire list prepared by the Appellate Division in Matter of Tanella   2013 NY Slip Op 00099
Decided on January 9, 2013   Appellate Division, Second Department  Per Curiam.  which determined his "complete abdication by the respondent of…

Battling over the "but for" portion of the legal malpractice requirements is generally where commercial cases such as Garten v Shearman & Sterling LLP  2013 NY Slip Op 00035
Decided on January 8, 2013  Appellate Division, First Department  end up.  Here, in a surprisingly clear recitation, the AD tells us why this case was doomed.…

Plaintiff is injured on a cruise ship, and comes back to NY looking for an attorney. Right now we should be thinking, venue, long-arm jurisdiction, state or federal court.  However, in Palmer v Mulvehill  2012 NY Slip Op 33046(U)  December 19, 2012  Sup Ct, Suffolk County  Docket Number: 11-17748  Judge: Daniel Martin  things take off…

In this legal malpractice case, many of the causes of action are now weeded out after CPLR 3211 motions.  H.P.S. Mgt. Co., Inc. v St. Paul Surplus Lines Ins. Co.   2012 NY Slip Op 09028
Decided on December 26, 2012   Appellate Division, Second Department  
 

"In an action, inter alia, to recover damages for…

A very familiar scenario in the legal malpractice world is the Attorney Fee Suit / Legal Malpractice Counterclaim.  Facially, this combo is completely predictable and logically there is no shame or second-class status to the legal malpractice counterclaim.  In practice, however, many courts think the counterclaim is a "last-ditch" or equivalent effort to avoid paying justified fees. …

In Rooney v Manzo   2012 NY Slip Op 32966(U)   December 5, 2012   Sup Ct, Queens County
Docket Number: 5865/2012  Judge: Robert J. McDonald we see an inspired attempt to get around the 3 year statue of limitations.  It does not succeed.

"In his first cause of action, plaintiff sets forth his claim that defendant breached…

In this legal malpractice case, defendant made motions in a seemingly out-of-order fashion, yet succeeded even though.  Here is the AD discussing a novel method of moving to dismiss in Shirzadnia v Lecci   2012 NY Slip Op 09043   Decided on December 26, 2012   Appellate Division, Second Department:
 

"The plaintiff commenced the instant action by…