Except for that small class of errors which are apparent, open and obvious to a lay jury, an expert is needed for either side in a legal malpractice case.  As an example, and although the case does not describe the expert’s testimony, its apparent that defense needed this expert to win the case.  In SCG …

We’ve often written about privity and legal malpractice, and ran across this case illustrating the boundaries of privity in medical malpractice. The facts are ghastly, and the outcome, for plaintiff, is doubly hurtful.

In Fox v Marshall ; 2011 NY Slip Op 06214 ;  Appellate Division, Second Department ; Sgroi, J., J. the question is…

There is nothing new in the case of Jack Hall Plumbing & Heating, Inc. v Duffy   2012 NY Slip Op 07249   Decided on November 1, 2012   Appellate Division, Third Department , merely a restatement of the long-standing and settled rule that expert opinion is required to show that there was / was not a departure…

In times of emergency, it might be a bit nerdish to worry about filing dates, but…

It’s obvious that the failure to file papers  on time can be a rich source of legal malpractice litigation, but for the period of October 26, 2012 until further notice, there is little that might arise in this area…

Selection of an expert and the use of an expert at summary judgment has been fraught with uncertainty after Construction by Singletree Inc. v. Lowe in which Supreme Court declined to consider an expert affidavit, as no CPLR 3101 had been filed prior to the motion.  Now, in Rivers v Birnbaum   2012 NY…

Reading this case produces an image of a train rolling through the countryside, without anyone at the controls.  It is the story of a car accident, an unjoined party, and mistake after mistake.  In the end plaintiffs are non-suited and all the efforts are for naught.

Di Giacomo v Michael S. Langella, P.C.  2012…

Our meme is that legal malpractice is ubiquitous and may arise in almost any setting.  Here, in a medical malpractice case we see what could have been a nasty legal malpractice had the AD no intervened.  In Westchester, cases go the the Trial Assignment Part which has broad discretion in the scheduling of trials.  There is…

We’ve noted in the past that legal malpractice cases sometimes have a history of legal malpractice within them. As an example, Moray v Koven & Krause, Esqs. 2010 NY Slip Op 07573 ; ;Court of Appeals ;Read, J. serves well. it involves a legal malpractice case levied against a former attorney who was involved…