Justice Judith Gische writes clear and unambiguous decisions, and often, one side or the other gets hurt. Schindler v Lester Schwab Katz & Dwyer, LLP ; 2011 NY Slip Op 31519(U); June 6, 2011 ;Supreme Court, New York County; Docket Number: 115967/2010; Judge: Judith J. Gische is one example.
Plaintiff was sued by law…
When may a legal malpractice litigant obtain prejudgment interest (interest from the date of malpractice to present)? When the malpractice arises from the loss of a cause of action. In DiTONDO v Meagher ; 2011 NY Slip Op 04805 ; Decided on June 9, 2011 ; Appellate Division, Third Department the third department enunciated two…
Reported on the front page of the NY Law Journal today is a $ 5 million dollar legal malpractice verdict and judgment that could swell to $ 10 million after interest. in Friedman v. Boros, Justice Jaffe determined that the jury verdict will stand, and that pre-judgment interest in this commercial legal malpractice case…
Judgment is the shorthand for the principal in legal malpractice that an attorney may not be held liable for legal malpractice solely upon an act or decision which is said to be the product of a question of judgment. Selection of experts, selection of witnesses, which questions are put to a witness, and many other issues…
Legal malpractice litigation is unique. While the simple fact is that this branch of the law is written by attorneys, is utilized to litigate against attorneys, is judged upon by attorneys, the more complex story is that there are a number of unique rules. One is that a criminal defendant may not sue his attorney absent "actual innocence." There are no lawsuits…
We looked at the underlying decisions in this case, and are still scratching our figurative head here. in Lusk v Weinstein , 2011 NY Slip Op 04742 , Decided on June 7, 2011 , Appellate Division, First Department we see the AD citing an obviously correct principal of law: "a charging lien entered in the…
Empire Purveyors, Inc. v Brief Justice Carmen & Kleiman, LLP; 2011 NY Slip Op 31420(U)
May 31, 2011; Sup Ct, NY County; Docket Number: 110909/08; Judge: Jane S. Solomon presents a horrifying view of how clients sometimes fare at the hands of attorneys, especially attorneys who move from firm to firm. From the decision:…
We commonly get two types of fraud letters, and the come all the time. One recent type is the "collaborative divorce" letter in which an offshore spouse needs held collecting a large equitable distribution check from the US spouse. Another type is the offshore large corporation that needs help collecting a debt from a US…
Truebright Co., Ltd. v Lester ; 2011 NY Slip Op 04235 ; Decided on May 17, 2011 ;Appellate Division, Second Department is yet another example of a lost legal malpractice case, but not based upon the innocence or non-departure of the attorney. In fact, just as in a recent case dismissed because the statute of…
We often ask whether the law of legal malpractice is different from the rest of the negligence world? Why do attorneys get a second chance, in which judges ponder whether they could have won the case had they not made mistakes?
In Dempster v Liotti ; 2011 NY Slip Op 04408 ; Decided on May 24…
