It started from a simple commercial transaction, and when it was all over, more than 9 years later, the law firm had lost its legal malpractice case and had to pay a very significant amount of money as a judgment. Where did they go wrong?
Lovino, Inc. v Lavallee Law Offs. 2012 NY Slip…
We’ve noted our anecdotal belief that more legal malpractice cases are dismissed on CPLR 3211 grounds than in general. We are the first to admit that no statistical study has been done. In the spirit of anecdotal evidence, we look at Harris v Barbera 2012 NY Slip Op 04973
Decided on June 20, 2012 …
Its not always easy to say when the last date upon which an attorney renders service to a client, nor when the statute of limitations commences. . is it on the day that a defective security agreement is prepared? is it on the day that the security agreement is given to debtor? In this case…
Last fall we wrote about the Cove Cafe and the legal malpractice case that followed. Attorney was sued when there was a falling out of the partners. Now, on a motion to renew and reargue, before a different judge, there have been some changes. Battaglia v Grillo 2012 NY Slip Op 31588(U)
June 6, 2012 …
Big corporate client goes to Big white shoe law firm and believes that the Big litigator there will take and handle the case. It does not happen. A lesser light handles the case, and the Big Corporate client is unhappy. Now what?
Matter of Matter of G.K. Las Vegas Ltd. Partnership v Boies Schiller & …
When clients depend upon the expertise of an attorney, and then end up with a bad result, they can successfully plead legal malpractice. Does a client settle the personal injury case or litigate on? Depending on how the attorney advises the client, there may or may not be legal malpractice. Here is an example.
Polanco …
Gershkovich v Miller, Rosado & Algios, LLP 2012 NY Slip Op 04318 Decided on June 6, 2012 Appellate Division, Second Department is a legal malpractice case which recently went to a motion for summary judgment. Each side gave it their best shot, and the result was a stand-off.
"Here, the Supreme Court properly determined…
In Englert v Schaffer 2012 NY Slip Op 04602 Decided on June 8, 2012 Appellate Division, Fourth Department the claim was that defendants knew of a settlement offer and failed to tell plaintiff. Is that malpractice?
"We reject defendants’ contention that summary judgment in their favor is required on the ground that plaintiffs could…
In this Third Department case,Kreamer v Town of Oxford 2012 NY Slip Op 04445 Decided on June 7, 2012 Appellate Division, Third Department plaintiff’s complaint was dismissed, even after the AD gave it a liberal reading, and attempted to construct a pleading for plaintiff.
"Plaintiffs failed to state a cause of action against…
We remember some Shakespeare quote about how Cesare’s wife must be more worthy than any other politician/emperor’s wife. Similarly, here a legal malpractice case is dismissed for failure to file a complaint after a demand had been made. In Dayan v Darche 2012 NY Slip Op 04312 Decided on June 6, 2012 Appellate Division, Second Department …
