"Terminated with extreme prejudice" was a euphamism in the older spy novels.  In this legal malpractice case, witholding service until after the death of a defendant-attorney results in dismissal and termination of the case.

Postawa v David ;  2011 NY Slip Op 50902(U) ;  Decided on May 20, 2011 ;  Supreme Court, Queens County  is…

"Questions of judgment" or "strategies at trial" are frowned upon as legal malpractice departures.  A strong body of law holds that trial is an art and not a science, and choices of strategy, even though eventually losers, will not be the means to a successful legal malpractice case.  Selection of witnesses, of experts, and of…

"Standing" is the concept of a right to sue.  In legal malpractice there is a very strict requirement that only a client (with very limited exceptions) may sue the attorney.  Were this not so, every case would end with a legal malpractice started by the loser, and sometimes, the winner.

So, in Brooklyn Elec. Supply …

Plaintiff’s decedent goes to a Queens motel and is shot dead.  The shooter eventually pleads guilty to manslaughter.  How much time does the estate have to sue the shooter, the hotel and was it given correct advice on the statute of limitations by its attorney?

Ross v Saravanos ;2011 NY Slip Op 31310(U)…

Client sues attorneys for legal malpractice, and attorneys counterclaim against client for "contribution and indemnity."  When may this properly go forward?  What is "contribution" and what is "indemnity" ?

Contribution is the apportionment of  fault among joint tortfeasors.  Several contractors who each negligently damage a tenant might seek contribution among themselves. 

Indemnity is the situation in…

One of the crucial questions to be asked in legal malpractice litigation is when did the representation end.  This question comes only shortly after the question of when did the negligent event take place.  The statute of limitations is three years from the negligent event or the last date that the attorneys represented the client…

When might an  attorney be liable to a non-client for legal malpractice?  ""The law in New York does not recognize any liability on the part of an attorney to a nonclient third party for injuries sustained as a result of an attorney’s actions in representing his client absent fraud, collusion, or a malicious or tortious…

There is little (or no) factual underpinning to this legal malpractice case, and no explanation of  the various positions taken by the parties.  In Pistilli Constr. & Dev. Corp. v Epstein, Rayhill & Frankini ; 2011 NY Slip Op 04025 ; Decided on May 10, 2011 ; Appellate Division, Second Department we directly learn only…