It’s rare, very rare, to come across what the Court thinks might be a novel question of law, especially in a legal malpractice setting.  Generally, the triumvirate of claims found in a legal malpractice setting are legal malpractice, breach of contract and breach of fiduciary duty,  In FTI Consulting, Inc. v CT Miami, LLC  2018 NY Slip Op 31923(U)  August 6, 2018  Supreme Court, New York County  Docket Number: 654062/2016  Judge: Melissa A. Crane we see a new participant: …

We discussed Gilbo v Horowitz  2018 NY Slip Op 31844(U)  July 31, 2018  Supreme Court, New York County  Docket Number: 158727/2017  Judge: Margaret A. Chan last week in the context of ripeness in a multiple -attorney setting.  Beyond whether the case is ripe against prior attorneys while the underlying case is pending, is the question of how to break out (or apportion) blame in a multi-attorney setting.  First, some of the facts from the car accident case: “Plaintiff is an…

Many JL § 487 cases are brought; few get to be considered for damages and far fewer ever get to the trier of fact. Yerushalmi v Schoenfeld  2018 NY Slip Op 05623  Decided on August 1, 2018  Appellate Division, Second Department is an example. “In 2002, Malka Yerushalmi (hereinafter Malka) commenced an action for a divorce and ancillary relief against the plaintiff herein. The defendants herein represented Malka in the divorce action from 2011 to 2013. In…

One of the most common reflexive decisions by courts is to dismiss a breach of contract as well as a breach of fiduciary duty as duplicitive of the cause of action for legal malpractice.  If the claims of breach arise from the same facts and damages are similar then they are duplicitive.  However, when there is a legal malpractice claim that an asset has been lost and a breach of fiduciary duty claim that there has…

Time tick by, constantly and rapidly.  Gilbo v Horowitz  2018 NY Slip Op 31844(U)  July 31, 2018 Supreme Court, New York County  Docket Number: 158727/2017  Judge: Margaret A. Chan is an example of how there can be a terrible injury, yet no clear legal malpractice landscape.  Besides the confusion over which attorney might be responsible, there is the question of timing. “Plaintiff is an attorney and represents himself in this matter. In the underlying personal injury action, plaintiff suffered…

Marder’s Antique Jewelry, Inc. v Bolton  2018 NY Slip Op 31828(U)  July 31, 2018 Supreme Court, New York County  Docket Number: 152926/2012  Judge: Arlene P. Bluth is an excellent example of how a “legal malpractice” case becomes an unsuccessful legal malpractice case.  Practitioners and the general public are quick (and often accurate) in pointing out a departure from good practice.  A common mistake is to stop there and declare it “legal malpractice.”  It is not yet legal malpractice without…

There are very few successful Judiciary Law § 487 cases.  Courts stretch and bend to find a way around what appears to be actual deceit by attorneys.  Take Matneja v Zito  2018 NY Slip Op 05298  Decided on July 18, 2018  Appellate Division, Second Department as an example.  Here it is alleged that a law firm knew that its client registered a building under a fake name, and when the owners were sued for rent overcharges, refused to…