Appellate Decisions are always correct, well reasoned, and exquisitely written. Sometimes they are recalled and changed.Landa v Blocker 2011 NY Slip Op 06370 ;  Appellate Division, Second Department is an example of the result of persistence in appellate work.
This case is an attorney fee/legal malpractice matter in which it was alleged that the…

Guardian is appointed for an incapacitated person.  Guardain defalcates with the money.  Court examiner is appointed to look over the guardian’s accounts.  Court examiner fails to pick up the missing money.  Is the Court examiner responsible or liable to anyone at all?  Seems the answer is no.

United States Fire Ins. Co. v Raia    2012…

Ginsberg v Broome ; 2012 NY Slip Op 02585 ; Decided on April 5, 2012 ; Appellate Division, First Department  opens the curtain over how partnerships break up, and the fall out over telling an insurance company that there had been legal malpractice committed by a partner.  This case has been partialy dismissed in Supreme…

How does one prove that the settlement was not good enough, given the circumstances? How does one prove that had this or that taken place, that Husband would have paid less, and more to the point, how does one prove that Husband was the victim rather than the beneficiary of the settlement? It’s all in…

Plaintiff is injured in 1982 and again in 1983.  This month a legal malpractice case arising from the two cases was partially dismissed in Supreme Court, New York County.  In the interim the world has changed.

Deutsch v Ullman  2012 NY Slip Op 30748(U)  March 23, 2012  Sup Ct, New York County  Docket Number: 110595/2010 …

In Eighth Ave. Garage Corp. v Kaye Scholer LLP   2012 NY Slip Op 02402   Decided on March 29, 2012  Appellate Division, First Department  Kaye Scholer defended itself, and obtained dismissal.  Schwartz & Ponterio were unable to save the case for plaintiff.   
 

The Court held that "Plaintiffs failed to allege facts in support of their…

It’s difficult to say which is the more perplexing problem in this case.  Is it the loose procedure in which a client put down $ 1.1 million on a condo with few safeguards, or the manner in which the legal malpractice case is being handled?  in Cheong v Lau  2012 NY Slip Op 30725(U)  March…

Justice Goodman of Supreme Court, New York County hads a caseload full of legal malpractice cases before she retired. Here is an accounting malpractice case coming as a counterclaim for accounting fees, but the idea is just the same. InPerelson Weiner, LLP v Allison NY Slip Op 2010 31679  06/29/2010 Supreme Court, New York County…