In Green v Gross & Levin, LLP   2012 NY Slip Op 09027   Decided on December 26, 2012
Appellate Division, Second Department  which is a Pro-se legal malpractice complaint, all that can be discerned from the Appellate Division is that there were a lot of causes of action and that some of them survived.

The AD…

Plaintiff seemingly made some bad procedural choices during the litigation, and even though defendants failed to appeal from all the issues, they ultimately win.

In Wright v Shapiro   2012 NY Slip Op 08964   Released on December 21, 2012   Appellate Division, Fourth Department  the Court writes:
 

"James J. Shapiro and James J. Shapiro, P.A. (defendants)…

Husband suffers personal injury in a fall from a scaffold.  He resolves the case for $1M.  Even at that number, he and wife then succeed in a legal malpractice case for an additional $ 297,000.  What happens then?  Burnett v Burnett   2012 NY Slip Op 08850   Decided on December 20, 2012 Appellate Division, Third Department…

Both the underlying case and the legal malpractice case were resolved by summary judgment, except that the Appellate Division reversed dismissal of the legal malpractice case, and determined that the motion was so deficient that they did not need to read plaintiff’s brief.

In Lever v Roesch   2012 NY Slip Op 08699  Decided on…

Sometimes, the world of legal malpractice seems to be topsy-turvy in the sense that defendants point to their acts as proof that they did not commit legal malpractice, and plaintiffs point to the same act to prove the opposite. Here in Marom v Anselmo ; 2011 NY Slip Op 08914 ;  Appellate Division, Second Department…

Personal injury and legal malpractice cases have many strong bonds.  Because a sizable portion of the litigation world is devoted to personal injuries (on both the plaintiff’s and defendant’s side), one correctly expects significant legal malpractice litigation after-wards.  How the legal malpractice case proceeds along with or after the PI case is a not well understood…

Breytman v Schechter   2012 NY Slip Op 08475   Decided on December 12, 2012   Appellate Division, Second Department seems to be the culmination of a very contentions case.  Early on, Plaintiff earned the ire of Justice Schack in Supreme Court, Kings County.  The AD now has written a decision which in many ways mirrors the…

The attorney has died, and the legal malpractice case continues.  In Leon Petroleum, LLC v Carl S. Levine & Assoc., P.C.  2012 NY Slip Op 32913(U)  December 5, 2012  Supreme Court, Suffolk County  Docket Number: 08-36154  Judge: Daniel Martin the result turns on what an expert may say in a summary judgment affidavit.

Plaintiff…