Amalfitano v. Rosenberg rewrote the law on Deceit and attorneys, and revitalized a statute that was written in 1275. It is the oldest surviving statute in Anglo-American jurisprudence. Now, the aftermath for the attorney accused of deceit.
Matter of Rosenberg, M-3654, NYLJ 1202557354417, at *1 (App. Div. 1st, Decided June 5, 2012)
Before:…
ENGLAND and MIDWEST GEMS, INC., -against- . FELDMAN and FELDMAN LAW GROUP, Defendants.11 Civ. 1396 (CM) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; 2011 U.S. Dist. LEXIS 36382; March 28, 2011, is as good a primer in the general and substantive laws of legal malpractice as one might read. There…
Parties may chart their own litigation course, and often the Court accedes. Here, however, in West Village Assoc. L.P. v Balber Pickard Battistoni Maldonado & VanDerTuin, PC 2012 NY Slip Op 31444(U) May 25, 2012 Sup Ct, New York County Docket Number: 108423/05 Judge: Saliann Scarpulla, problems arose for the motion maker. Over the past several…
In March 2006, plaintiff reported to defendant CSI, Inc., its third-party claims administrator, that an employee had filed a discrimination claim against it. CSI allegedly failed to notify plaintiff’s insurer until February 2008, after plaintiff again brought its employee’s claim to CSI’s attention. In April 2008, plaintiff’s insurer denied coverage for the claim on the…
Whether it is subconscious, whether it is intentional, or whether it is simply ingrained into the minds of attorneys, legal malpractice is handled differently from all other torts. Yesterday’s decision from the Court of Appeals highlights this difference.
Dombrowski v Bulson 2012 NY Slip Op 04203 Decided on May 31, 2012 Court of Appeals is…
The "frozen out" minority loses a corporate cause of action – contract case, and believes that the attorneys for the majority colluded with the majority to freeze them out. They believe that the attorneys helped the majority to breach fiduciary duties. They felt that there was sufficient evidence to support a claim for legal malpractice…
How does a settlement affect the later legal malpractice claim against the attorney who represented plaintiff in the settlement? We have seen an erosion of the standard that a legal malpractice claim after settlement is permitted if plaintiff was ‘effectively compelled" to settle because of the departures of the attorney. In some divorce cases in…
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…
Schneider v. Finmann, 15 NY3d 306 (2010) notwithstanding, Pace v Raisman & Assoc., Esqs., LLP 2012 NY Slip Op 03989 Decided on May 23, 2012 Appellate Division, Second Department
is yet another case in which alleged legal malpractice in a trust setting is dismissed on statute of limitations grounds.
"In 2001 the plaintiff’s decedent sought…
We are pleased to announce the publication of out Outside Counsel Column " Legal Malpractice in Matrimonial Litigation" from this week.
