Board of Mgrs. of Bridge Tower Place Condominium v Starr Assoc. LLP   2013 NY Slip Op   7684 [111 AD3d 526]     Appellate Division, First Department  teaches three important lessons in a very short decision. The simple facts of the case are that defendant attorneys drafted a stipulation which stripped plaintiff of the right to amend its bylaws…

Condominiums and co-ops occupy the greatest portion of  New Yorker’s real estate world.  Many believe that new construction is the jewel of that grouping, and will purchase a unit well before completion.  New owners depend on the reputation of the sponsor.  How the building will come out is an open question, and in Board of …

An unsophisticated client, a personal injury and an attorney who does not investigate the case.  These are the facts in Angeles v Aronsky   2013 NY Slip Op 02454 [105 AD3d 486]   Appellate Division, First Department . 
 

"On December 7, 2007, at approximately 3:15 p.m., plaintiff entered the front entrance of the apartment building…

The essential question in a summary judgment motion is whether after hearing all the arguments, there are still questions of fact upon which reasonable minds differ.  If so, then no summary judgment.  So it is in Arbor Realty Funding, LLC v Herrick, Feinstein LLP   2013 NY Slip Op 01216 [103 AD3d 576]   Appellate Division, First…

Plaintiff brings a legal malpractice action based upon a series of real estate closings.  His  2011 complaint strikingly fails to  say when the attorney last represented him.  Result?  In Elmakies v Sunshine   2014 NY Slip Op 00478   Decided on January 29, 2014   Appellate Division, Second Department the case is dismissed on the statute of…

In Scekic v SL Green Realty Corp.   2014 NY Slip Op 30186(U)  January 21, 2014  Sup Ct, New York County  Docket Number: 113386/10  Judge: Doris Ling-Cohan a worker is injured while up on a 15 foot ladder which suddenly splits apart.  He falls, and a Labor Law 240(1) case is born.  but, what happened…

It’s said that there is a general level of good practice standards for attorneys in New York, and its well settled that all attorneys are expected to practice at the level (admittedly not the very highest level) of good practice among competent attorneys in New York.  What does this actually mean?

The question of how…

We’ve read and re-read the decision in Risk Control Assoc. Ins. Group v Maloof, Lebowitz, Connahan & Oleske, P.C.   2014 NY Slip Op 00419   Decided on January 23, 2014  Appellate Division, First Department  and we still cannot see how plaintiff thought it could proceed.  It was not the insurance company which hired defense attorneys, nor…