Partnerships and LLCs, real estate and plans to make a lot of money often unravel, and do so in messy ways. Here, in Shapsis v Kogan ; 2011 NY Slip Op 50014(U) ; Decided on January 7, 2011 Supreme Court, Kings County ; Demarest, J. we see the tail end of the proceedings, after a
Legal Malpractice News
California Legal Malpractice and Mama Cass
We write that legal malpractice issues are everywhere, and might surface in any setting. Here is a story from the National Law Journal about a 35 year old missing will of Mama Cass, and whether the attorneys who had it in their files were negligent in not producing it back when it counted.
Leigh Jones…
The Demise of a Law Firm and the Aftermath
Plaintiff says that this is not a legal malpractice case, but it is the death knell of a well known and long lived law firm in New York City. 150 Broadway N.Y. Assoc., L.P. v Shandell ;2011 NY Slip Op 30009(U); January 3, 2011; Supreme Court, New York County; Docket Number: 601950/09; Judge: Judith…
Collectibility in Legal Malpractice
There are conflicting rules in the 4 departments of New York. In legal malpractice, it is plaintiff’s obligation to demonstrate that a hypothetical judgment could be collected in a legal malpractice case in the 2d, 3d and 4th departments. In the First Department, it is an affirmitive defense for defendant to prove.
Here is a…
An Extraordinary Legal Malpractice Cast of Attorneys
The Curtis law firm bills itself as "the only law firm[s] in the United States" to concentrate their practice on "representing clients injured by attorneys." In this US District Court case we see legal malpractice attorneys suing legal malpractice attorneys under a very unconventional theory of law.
Privilege, Wavier and Legal Malpractice
Leviton Manufacturing is a huge manufacturer of electrical and electronic items, and regularly patents new inventions. Here, in LEVITON MFG. CO., INC., -against- GREENBERG TRAURIG LLP, et al.,09 Civ. 8083 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2010 U.S. Dist. LEXIS 12884;9 ( December 6, 2010) Magistrate Judge Katz decides whether successor attorneys may…
Legal Malpractice Decision Upheld On Appeal
Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried NEW YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots. These spots included Paris…
Big Real Estate Projects and Legal Malpractice
The economy stalls, the stock market falls, big investment schemes become exposed, and huge real estate projects run into problems. This weekend’sNY Times discussed how big name real estate players can run into problems, but it is the investors who lose the money. Here, in GSO RE Onshore LLC v Sapir ;2010 NY…
The Extraordinary and Rare Criminal Defense Legal Malpractice Case
Criminal defense legal malpractice cases are so rare that the 4th Department found but a single case to discuss in the decision in Dombrowski v Bulson ;2010 NY Slip Op 09625 ; Decided on December 30, 2010 ;Appellate Division, Fourth Department . Plaintiff was convicted, lost on appeal, argued ineffective assistance of counsel, lost…
The “French Person” Defense and Legal Malpractice
In an otherwise garden or varietal attorney fee dispute with a legal malpractice defense, we ran across the "French Person" defense to attorney fees for the first time. Justice Gische, in Singer v Adler ;2010 NY Slip Op 33439(U); December 13, 2010; Sup Ct, NY County gave it short shrift.
"This action is based…