We’re proud to announce that the New York Law Journal today published an article about Judiciary Law 487.entitled An Explosion of Developments in Judiciary Law 487
"Legal concepts change by evolution and revolution. Evolution is the most familiar process in legal scholarship. A principle or a statute is analyzed, then re-interpreted in the light of…
Justice March Friedman, of Supreme Court, New York County recently decided Tanger v Ferrer 2010 NYSlipOp 31355(U) in which the third-party claim between attorneys was that DLA Piper, US LLP owed a duty to Eaton & Van Winkle LLP after plaintiff sued Ferrer and Eaton for legal malpractice. The malpractice is alleged to be the negligent preparation of…
Is legal malpractice litigation held to a higher standard? Are there more motions to dismiss the complaint granted against legal malpractice complaints than against the rest of the law-o-sphere? We have no hard figures, but anecdotal evidence suggests that legal malpractice is held to a higher standard. As an example, how could Supreme Court and…
Its a most unusual case, and one rarely sees a law firm in Bankruptcy. IN RE: THE LAW FIRM OF FRANK R. BAYGER, P.C., Debtor.09-CV-735A;UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK;2010 U.S. Dist. LEXIS 51537;May 24, 2010, illustrates how tenacious a legal malpractice plaintiff may be.
"The events underlying the…
Reading the decision in a case like this requires both a score card and a play diagram. In LZG Realty LLC v H.D.W. 2005 Forest LLC ;2010 NY Slip Op 50958(U) ; Decided on May 28, 2010
Supreme Court, Richmond County ; McMahon, J. a series of real estate transactions led to mortgages…
In Reiver v Burkhart Wexler & Hirschberg, LLP ; 2010 NY Slip Op 04565 ; Decided on May 25, 2010 ; Appellate Division, Second Department we see the Appellate Division reversing dismissal of a legal malpractice action under CPLR 3211.
The rules of CPLR 3211 motions are as well known to the parties and…
An oft repeated mistake in NY litigation, especially in NYC litigation is that of the leave to file a late notice of claim index number trap. Put in short, plaintiff successfully seeks leave to file a late notice of claim, and then, using the same index number, files a summons and complaint against the governmental…
Plaintiff is a Czech national, married to a US citizen. Matrimonial litigation takes place here in NY, and an allegation is made that the husband fraudulently denied the existence of a child, avoided child support issues, and in general, lied. Plaintiff, wife, had several attorneys, and alleges that she was shuttled between attorneys, one hiring the…
Reported in today’s NYLJ, we see the tragic story of an arrest, an attorney who does little or nothing, a conviction and a world turned upside down. Plaintiff obtains reversal and acquittal, thus demonstrating "actual innocence." Glassman v. Blau is Referee Doyle’s decision on damages.
"Defendant, an attorney, represented plaintiff in a criminal proceeding in…
Sometimes one reads a decision not knowing whether the court will dismiss or not dismiss. Sometimes, the question is whether the attorney’s acts amount to legal malpractice or breach of fiduciary duty. Here, the Court points out exactly how it perceives the case. In B&R Consol LLC v. Powell we see the story of…
