The decision is somewhat short on facts, but we guess that this case arose froma settled landlord-tenant case in which tenant then died. His estate sued his former attorneys, and the case continues. Frankel v Vernon & Ginsburg, LLP 2012 NY Slip Op 08425 Decided on December 6, 2012 Appellate Division, First Department tells
Legal Malpractice News
In a Liotti Legal Malpractice Case, the Motions Continue and Continue
It seems that in this particular legal malpractice case there have been three successive motions for summary judgment. Supreme Court decided one way, then reversed itself, and re-reversed itself. Finally, after more depositions, it granted summary judgment on the third or fourth try. Is this permissible?
Coccia v Liotti 2012 NY Slip Op 08273 Decided…
Judicial Estoppel and the Death of a Legal Malpractice Case
The audacity shown in this case makes the head spin. Two brothers battle over ownership of a Long Island Nissan dealership. More (or less) shocking is the cavalier manner in which they worked so that a divorcing wife would not get any part of the dealership in the divorce. Did the attorney help out? We’ll…
An Attorney Leaves the room, then…
In Bernard v Proskauer Rose, LLP; 2011 NY Slip Op 06184 ; Appellate Division, First Department we see a situation in which plaintiff sues his attorneys, who defend by arguing that the plaintiff brought it all upon himself.
"In this action for legal malpractice, breach of fiduciary duty and breach of contract, plaintiff…
Calculating Continuous Representation
In Legal Malpractice the question of a statute of limitations often arises. Legal malpractice accrues on the date that the mistake is made, not on the day plaintiff discovers it. Continuous representation allows plaintiff to continue to use the attorney, and does not require an immediate suit, In Aronov v Law Off. of Roman Popik, …
A Swing and Miss in a Legal Malpractice Case
in MCCLUSKEY -v.- NEW YORK STATE UNIFIED COURT SYSTEM, CHIEF JUDGE JONATHAN LIPPMAN, GABOR & GABOR, DAVID GABOR, HOPE GABOR, Defendants-Appellees we see a pro-se litigant’s swipe at the NYS Court system, and his former attorneys. This Federal case takes place after plaintiff lost a legal malpractice case against the same defendant-attorneys.
You may…
A Lost Commission and Lots of Litigation
Real estate broker is asked to find a buyer. Broker presents a buyer, but no deal ensues. Broker papers the transaction and sits back. Later transaction goes through and Broker eventually seeks commission. Sellers attorney is sues. Is he liable?
Land Man Realty, Inc. v Faraone 2012 NY Slip Op 08218 Decided on November 29…
Just Two Weeks Too Late
Plaintiff sues attorneys for a divorce situation in which he alleges they represented both him and his wife, and lost about $1 million for him in the proceedings. His complaint, in Verdelis v Landsman ; 2011 NY Slip Op 32196(U); Sup Ct, NY County; Docket Number: 651767/10; Judge: Judith J. Gische survives both a CPLR…
The Rare Successful Immigration Legal Malpractice Case
In DUSHYANT KURUWA and MONICA ARGUELLES, Plaintiffs, -v.- MILTON L. MEYERS, Defendant.;09 Civ. 4412 (GWG);UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ;2011 U.S. Dist. LEXIS 122466; October 21, 2011, we a most unusual case of successful pro-se litigants. Even more so, the Court granted punitive damages agaisnt the attorney. In…
Is it Legal Malpractice to Claim a Too Large Fee?
Plaintiff’s husband was the victim of a really serious act of medical malpractice and hired defendant Buttafuoco to handle the case. he was successful, and settled the case for $ 3.7 million. What followed is a morass of claims, counterclaims and accusations.
Husband needed a guardian, and Wife was appointed. In Urias v Daniel P. …