We admit that sometimes we do not understand how a defendant can actually raise a defense that both it and the Court knows won’t pass a smell test.  Nevertheless, the defense gets raised. 

In M & R Ginsburg, LLC v Segal, Goldman, Mazzotta & Siegel, P.C. ; 2011 NY Slip Op 08877
Decided on December…

Meralla v Goldenberg ; 2011 NY Slip Op 08656 ; Decided on November 29, 2011 ; Appellate Division, First Department  presents an unusual exception to the rule that a criminal defendant may not sue his criminal defense attorneys.  In essence, plaintiff claims serial acts of ineffective assistance of counsel, both at the trial and at…

Client in this case has had some bad turns.  Unjustly convicted of a crime, imprisoned, exonerated, and then the suit against NYS is dismissed.  Client sues attorney for failing to file "documentary" evidence in support of the NYS suit.  At last, Supreme Court denies dismissal and the AD affirms.

In Gioeli v Vlachos ; 2011…

Pro-se litigants on both sides is often a recipe for long lasting litigation.  In this Landlord-Tenant case, one might say it went viral.  Starting with a garden or varietal L&T case, an appeal to the Appellate Term followed, then a pro-se action in EDNY, and then a case in civil court.  In the end, plaintiffs…

Granted, Cadichon v Facelle ; 2011 NY Slip Op 08447 ; Decided on November 21, 2011 ; Court of Appeals ; Pigott, J. is a medical malpractice case, but it could have easily morphed into a legal malpractice case.  The Court of Appeals’ decision on dismissals under CPLR 3216 is highly likely to arise in…

When is a medical record discoverable, in general, and specifically, when are medical records from an "underlying injury" discoverable in a legal malpractice case?  One answer is set forth in Paliouras v Donohue ; 2011 NY Slip Op 08736 ; Decided on November 29, 2011 ; Appellate Division, Second Department.  The rule is simple…they are discoverable…

The first thing that should be said is that this is not a legal malpractice case; it is, however, a breach of fiduciary duty case.  A agrees with Plaintiff that plaintiff will lend her name to two real estate transactions to purchase one family homes, and A will rent them out, collect rent, and pay…

In a word, no, and the law firm who gave an opinion letter is not responsible.  In Fortress Credit Corp. v Dechert LLP   2011 NY Slip Op 08626; Decided on November 29, 2011 ;
Appellate Division, First Department  we see Dechert LLP obtain a reversal of Supreme Court’s decision and dismissal.  Here are the facts…