Pre-judgment attachment is disfavored in litigation. Generally one must show that "the subject property was in imminent danger of irreparable loss or waste ." Beyond that showing, there are rules when the request for an attachment might be sought. Here is an example.
Breslin Realty Dev. Corp. v Shaw ; 2012 NY Slip Op 00478…
We’ve often noted that stating the mistake made by an attorney is not the difficult part of legal malpractice analysis. Judges, lay persons and attorneys all readily point to this mistake or that mistake. Stating a departure from good and accepted practice is the easy part of the triumvirate. What is way more difficult is analysis of…
Were we able to predict the future, we would be betting on further proceedings after the decision in CRP/Extell Parcel I, L.P. v Cuomo; 2012 NY Slip Op 50073(U) ; Decided on January 19, 2012
Supreme Court, New York County; Singh, J. Here are the facts as set forth by Justice Singh.
"Petitioner…
Plaintiff is involved in an assault and battery, and then spends the next umpteen years litigating the case, suing his attorney, relitigating the case, suing the police department, suing his attorney once again. It all ends in his being enjoined from suing again without court approval. Only in a pro-se world could this happen.
In…
Attorneys automatically obtain a charging lien by commencing an action. There are several ways to lose that lien. One is to be terminated "for cause" and another is to withdraw voluntarily. This is different from being "consented out" or by withdrawing with mutual consent. In Nassour v Lutheran Med. Ctr. ;2010 NY Slip Op…
The attorney-client privilege, known to almost all, is a wide-ranging, often applied stricture. An attorney is not required to disclose communications with a client concerning the representation…almost ever. There are exceptions, and the one most likely to pop up comes in legal malpractice litigation. Communications between plaintiff and defendant is (almost) never privileged. What of…
Attorneys make mistakes. Sometimes mistakes are fixes, sometimes not. Rarely do attorneys go to the length of fabricating complaints, making up stories of ongoing litigation and then running away from the disciplinary committee. We don’t know what defense the attorney might offer, but this tale is both sad and shocking. The attorney in Matter of …
Commencement of a new case and the service of process are anachronistic to New York, and provide a wealth of potential problems for the experienced practitioner. Imagine how confusing it is to the pro-se plaintiff. In any event, were one to query a group of experienced attorneys, we predict that a shockingly large number would…
Clients depend on attorneys to advise them on the law. Quick, what do you know about usury? Do you know enough competently to advise a client, or just enough to get yourself into trouble? Here is a legal malpractice story about the later.Theresa Striano Revocable Trust v Blancato
71 AD3d 1122 ; Appellate Division, Second…
Big law firms take on big cases, and even bigger transactions. One might read about a $ 50 Million dollar loan concerning a hospital. One might have seen "Margin Call" and thought about how the sale of those securitized mortgages really takes place, and who checks the paperwork. In Nomura Asset Capital Corp. v. Cadwalader, …
