Guayara v Harry I. Katz, P.C. ; 2011 NY Slip Op 02845 ;Decided on April 5, 2011 ;Appellate Division, Second Department  is a relatively straightforward legal malpractice case involving multiple defendants.  Is a claim that defendants knew of a judgment won by plaintiff and failed to tell her of methods by which she could…

How often do cases explode because of discovery abuses?  We do not have a firm answer, but much of the legal malpractice litigation world arises from discovery abuses.  Here, in Rock City Sound, Inc. v Bashian & Farber, LLP ;2011 NY Slip Op 02861 ;Decided on April 5, 2011 ;Appellate Division, Second Department we see…

This case involves experts in medical malpractice, but it is equally applicable to legal malpractice cases.  May an expert witness (doctor or lawyer) be sued for malpractice based upon expert testimony at a malpractice case?  The answer in Cattani v Marfuggi  ;2009 NY Slip Op 29538 [26 Misc 3d 1053] ; November 25, 2009…

Attorneys sometimes say, in essence, sorry, I was wrong.  This happens far less often then one might think, but, it does happen.  When does that admission become applicable and useful in summary judgment.  The obvious answer is "after joinder of issue", but the more real world answer is found in  Vlachos v Weil ;2011…

Capogrosso v Landsman ;2011 NY Slip Op 02826 ;Decided on April 5, 2011 ;Appellate Division, Second Department  is an example of the problem of successor attorneys.  Aside from the fact that this particular plaintiff is herself an attorney, and has herself sued many attorneys (and lost), the more salient point to take from this…

In the Third Department certain types of cases seem to predominate.  One such type is tax matters.  This case,Dealey-Doe-Eyes Maddux v Schur ;2011 NY Slip Op 02763 ;Decided on April 7, 2011 ;Appellate Division, Third Department falls into that category.  A failed tax action against Fulton County, followed by a failed legal malpractice action, followed…

The Fourth Department, in what we see as strong terms, reiterated that it is always the attorney’s job to prepare the case, and that responsibility may not be shifted to the client.  Even when the client participates in the preparation it remains a responsibility of the attorney. 

In Rupert v Gates & Adams, P.C.

We had not thought about the time relations hp between legal malpractice and breach of fiduciary duty and how the first could become impossible while the second  could start, but the Fourth Department set it all out in Neuman v Frank ;2011 NY Slip Op 02215  ;Decided on March 25, 2011
Appellate Division, Fourth…