A common and recognized mistake resulting in legal malpractice is the double use of an index number.  in Wilk v Lewis & Lewis, P.C. ;2010 NY Slip Op 05897 ;Decided on July 2, 2010 ;Appellate Division, Fourth Department  the index number came from an earl er pre-complaint discovery motion.  It might also come in…

What partners will do to each other continues to amaze.  here, in Rock City Sound, Inc. v Bashian & Farber, LLP ;2010 NY Slip Op 05533 ;Decided on June 22, 2010 ;Appellate Division, Second Department.  here, "A dispute arose between Kalish and Lindsay as to the Established Value of Kalish’s shares, and in August…

Boone v Bender ;2010 NY Slip Op 05497 ;Decided on June 22, 2010 ;Appellate Division, Second Department is a matrimonial legal malpractice case.  The Appellate Division decision does not shed much light on the allegations in the complaint. 
 

Often, matrimonial legal malpractice cases rest on failures in investigation of the other spouses’ finances…

The recent decision in Gucci  America Inc. v. Guess? Inc.,  doesn’t answer the legal malpractice question, but it does answer the privilege question.  Here’s the back story from Noeleen Walder at the New York Law Journal:

"Mr. Moss, a graduate of Fordham University School of Law, passed the California bar exam in 1993 but…

In 601 Realty Corp. v Conway, Farrell, Curtin & Kelly, P.C. ;2010 NY Slip Op 05538 ;Decided on June 22, 2010 ;Appellate Division, Second Department we see the case continuing, with some rough edges removed.  Conway Farrell used to be a big legal malpractice defense firm, until it split off.  Now it is being defended…

The answer is yes, it can.  in Kram Knarf, LLC v Djonovic ;2010 NY Slip Op 05464 ;Decided on June 22, 2010 ;Appellate Division, First Department we see the following explanation:
 

"Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every possible favorable inference (see Leon v…

In legal malpractice litigation there is a holy triumvirate of causes of action.  In general, they are ranked in this order:  legal malpractice, breach of fiduciary duty, and breach of contract.  There is a well known principal that if duplicative, there must be dismissal of some of these causes of action.

In Safe Flight Instrument…

Today’s New York Law Journal reports as news, and the Appellate Division, First Department reports as law a decision in McCagg v Schulte Roth & Zabel LLP ;2010 NY Slip Op 05463
Decided on June 22, 2010 ;Appellate Division, First Department  an unusual case in which it is alleged that a law firm aided…