Client sues attorneys for legal malpractice, and attorneys counterclaim against client for "contribution and indemnity." When may this properly go forward? What is "contribution" and what is "indemnity" ?
Contribution is the apportionment of fault among joint tortfeasors. Several contractors who each negligently damage a tenant might seek contribution among themselves.
Indemnity is the situation…
We have not read a case decision which serves as a mini-essay in a while. What is spoliation of medical evidence and how is it remedied? What should the attorney have done in the face of the need for elective surgery in a PI case? Did the attorney handle the situation correctly? All these questions are…
The undisputed facts in this case are shocking. "The following facts are undisputed. In or about May 2004, plaintiff, which had a lease on the building located at 2944 3d Avenue in the B r o n x , retained the law firm of Gold, Rosenblatt & Goldstein to commence a commercial summary nonpayment action…
In Crawford v Himmelstein ; 2011 NY Slip Op 31669(U); ; Supreme Court, New York County; Docket Number: 115432/10; Judge: Donna M. Mills we see a straightforward analysis of a typical legal malpractice case. Client is being pursued by landlord to give up three apartments, on the basis of owner-personal use. (Put aside why a…
Familiarity breeds contempt; so goes the aphorism. In the years since the Court of Appeals decided Amalfitano v. Rosenberg the use of Judiciary Law 487 has been trending. Is it now overexposed? Will we see it in every legal malpractice setting? Will it be invoked as often as Rule 130?
InLaw Offs. of D’amico & Assoc., PLLC v D’Elia ; 2011 NY Slip Op 21160 ; Appellate Term, Second Department attorney (plaintiff) has sued client (defendant) for fees, while at the same time attorney (defendant) is being sued for legal malpractice in Supreme Court by Client (plaintiff.) What happens to the Civil Court fee…
A French artist wants to buy an apartment in New York for a studio and living space. So far, this could be the start of a fairy tale in which the artist comes to NY, works hard, triumphs, etc. But, this real estate transaction soon turned to legal malpractice litigation. One reason for the problems…
Would the words "mutual understanding" have made the difference in this case? Continuous representation by an attorney of a client requires actual work, a mutual understanding that further work has to be performed and a relationship of trust and confidence. In Landow v Snow Becker Krauss P.C. 2012 NY Slip Op 31971(U) July 10…
Attorneys are subject to a triumvirate of claims, which may generally be: legal malpractice in tort, legal malpractice in contract and breach of fiduciary duty. Attorneys are fiduciaries of their clients, but interestingly, accountants (even CPAs) are not. In Knockout Vending Worldwide, LLC v Grodsky Caporrino & Kaufman CPA’s, P.C. 2012 NY Slip Op 31855(U) …
Datatreasury Corp. v Del Col; 2012 NY Slip Op 31913(U); July 5, 2012; Sup Ct, Suffolk County
Docket Number: 11-26774; Judge: John J.J. Jones Jr represents a very unusual use of Judiciary Law 487. It comes mid-case in a commercial setting.
Judge Jones writes: "As is relevant to the instant action, Del Col, in…
