The perennial question of whether a prior proceeding might influence a later proceedings arises again in Feinberg v. Boros, 2010 NY Slip Op 30797, by Justice Emily Jane Goodman, in Supreme Court, New York County. 

The legal malpractice claim arose after an arbitration between plaintiff and his former business partner, where defendants acted as Feinberg’s…

The decision in Scartozzi v Potruch   10 NY Slip Op 03102 ; decided on April 13, 2010 ; Appellate Division, Second Department is long on discussion of summary judgment standards and a little short on background, but it appears that defendants gave advice to plaintiff in her divorce proceeding to forego trying to avoid…

Sometimes we ruminate on the fact that legal malpractice law is written by attorneys, utilized against attorneys, and rulled on by attorneys.  There is no way around the conundrum.  In Christ v Law Offs. of William F. Levine & Michael B. Grossman ; 2010 NY Slip Op 03056 ; Decided on April 13, 2010…

Today, we continue the story of the legal malpractice law suit against the LaRossa law firm. In Landau, P.C. v LaRossa, Mitchell & Ross ;2010 NY Slip Op 50620(U) ;Decided on April 7, 2010 ;Supreme Court, New York County ;Schlesinger, J.

Two interesting issues are discussed.  The first is whether an expert affidavit is needed…

Morris Eisen was a huge figure in the personal injury law sector.  As the Sun King of PI attorneys, Eisen could truthfully say "Le etat ce moi!" His firm had a full floor at the Woolworth Building, and early every morning, breakfast was served there.  Anything from 10-30 trial attorneys assembled and were given new…

The matter of  Steinberg v. Schnapp, 2010 NY SlipOp 02991 relates the story of three lawyers, all of whom labored over a decedent’s estate, and how the triumvirate fell apart.  Steinberg and Schnapp were retained to handle the estate by the executor who in this case was the third attorney.  Things fell apart rapidly, and…

Legal Malpractice and immigration cases are a rare fit.  Practitioners in legal malpractice get lots of calls about immigration malpractice, but the elements and the parties rarely line up.  Often if there is a good liability case, the client is no longer in the US.  If the client is available, there is little evidence of…

We continue from yesterday in an examination of the statute of limitations in legal malpractice.  It’s three years, pursuant to CPLR 214(6). It is a "bright line" rule,  but it can have exceptions. Beyond the exceptions there is always a question as to when the statute begins to run. For example, there is a line of…