In Aramarine Brokerage, Inc. v Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.    2012 NY Slip Op 03533    Decided on May 3, 2012    Appellate Division, First Department  the question of whether appellate counsel’s failure to argue that the basis for his client’s loss in District Court was an impermissible argument raised only in reply…

Plaintiff is injured in a motor vehicle accident at an intersection with an inoperative traffic light.  His attorney failed to commence the action within the statute of limitations.  Legal malpractice case is started and proceeds through summary judgment.  Supreme Court denies summary judgment to defendants who appeals.

In Reisner v Litman & Litman, P.C. …

We have come to believe that an artificially large number of legal malpractice cases are dismissed at the pleading stage, generally in an early "but for" analysis by the Court.  Courts (in our anecdotal opinion) delve far further into the underlying case in legal malpractice litigation than they do elsewhere.  Granted, legal malpractice is unique…

In this case, the court permits client to plead fraud even though legall malpractice is time barred.  Why? Unsophisticated client retains attorney for a first time purchase of a business.  Attorney undertakes complicated transaction for $ 3000.  As soon as the contract is ready, attorney tells client to sign a wavier, and then seems to…

The three year statute of limitations is mostly insurmountable.  Clients and attorneys look for ways over, around and sometimes through the principal.  Often they do not sauced.  In Sun Graphics Corp. v Levy, Davis & Maher, LLP    2012 NY Slip Op 03273   Decided on April 26, 2012   Appellate Division, First Department  we are not…

Plaintiff sues Attorney and attorney does not answer the complaint.  Attorney then moves to vacate the default judgment that follows.  Question is whether the process server correctly served the summons and complaint.  Under NY’s complicated service rules, Supreme Court determines that service was good and the AD eventually rules that it was not good.  Read…

It’s not enough to point out the mistake an attorney has made.  It’s not enough to show that your case was resolved for less than it was worth.  Even with the additional proof that the defendant was your attorney it is not enough to win a legal malpractice case.  Plaintiff must always show that "but…

In a multi-million dollar apartment building sale at 108 W. 76th Street, NYC.  Defendant attorney Marmon drafts and negotiates the contract of sale, which was executed by the sellers.  Contract says that sellers have full power and authority to sell and they expressly represented to buyers that Sharmon Marcus and Stephen Marcus held all of…