Justice Judith Gische writes clear and unambiguous decisions, and often, one side or the other gets hurt. Schindler v Lester Schwab Katz & Dwyer, LLP ; 2011 NY Slip Op 31519(U); Supreme Court, New York County; Docket Number: 115967/2010; Judge: Judith J. Gische is one example.

Plaintiff was sued by law firm 1 for fees. He…

Legal malpractice litigation is a complicated matter, with the need to prove hypothetical outcomes, requirements for experts, and proofs that things would have come out differently. It is not for the faint of heart. Pro-se litigants do poorly here.

In Kovitz v Wenig, Ginsberg, Saltiel & Greene, LLP ; 2011 NY Slip Op 50768(U)…

One of the crucial questions to be asked in legal malpractice litigation is when did the representation end. This question comes only shortly after the question of when did the negligent event take place. The statute of limitations is three years from the negligent event or the last date that the attorneys represented the client…

Manus v Flamm , 2011 NY Slip Op 31691(U); June 14, 2011; Supreme Court, New York County; Docket Number: 110026/2007; Judge: Debra A. James tells an interesting story of divorce, legal malpractice and itinerant jewelery. Plaintiff is the divorced wife, who is owed $ 1 million in the divorce. She borrows jewelery from the husband’s…

Courts routinely scrutinize the actions of plaintiffs in legal malpractice cases, and we sometimes wonder whether their behavior receives a higher level of scrutiny than do other plaintiffs.  In G & M Realty, L.P. v Masyr   2012 NY Slip Op 05257    Decided on June 28, 2012   Appellate Division, First Department  the Court finds that…

The rule has always been that a plaintiff must be able to allege actual innocense (reversal, acquittal or exonoeration) in order to sue a criminal defense attorney for legal malpractice.  Recently, in Dombrowsky v. Bulson,  2012 NY Slip Op 04203 (2012) the Court of Appeals trimmed possible bases for damages solely to economic damages. …

In Clerico v Pollak   2012 NY Slip Op 51178(U)   Decided on June 26, 2012   Supreme Court, Queens County   McDonald, J. we see the complicated aftermath of a flip sale.  As far as we can gather Plaintiffs were offered a deal in which they would sell their real property to A, who would then turn…

When does a corporation have capacity to sue for legal malpractice?  What must a defendant plead in order to assert affirmative defenses?  How many proceedings will take place in this case before issue is joined?

Moran Enters., Inc. v Hurst   2012 NY Slip Op 04980   Decided on June 20, 2012   Appellate Division, Second Department…