New York Attorney Malpractice Blog

Latest from New York Attorney Malpractice Blog

Generally speaking, there has been a stark split between the First and Second Departments over the standard for a Judiciary Law § 487 claim.  In the First Department there was a requirement of a “chronic and extreme pattern of legal delinquency” and in the Second Department a single egregious incident of deceit was sufficient.  Amtrust N. Am., Inc. v Pavloff  2021 NY Slip Op 31062(U) April 2, 2021 Supreme Court, New York County Docket Number:…
Some years ago there was a thriving cottage industry in creating tax shelters.  It took the IRS a few years to catch up, but it did so with a vengeance. Boesky v Levine 2021 NY Slip Op 02059 Decided on April 01, 2021 Appellate Division, First Department is the story of an attorneys travels through a number of firms and how the statute of limitations and continuous representation work to track him. “The motion court…
In a very short affirmance, the First Department upheld the dismissal of what was a very long short case in Garr Silpe, P.C. v Gorman. 2021 NY Slip Op 01944 Decided on March 30, 2021 Appellate Division, First Department  .  Plaintiff hired her ninth attorney mid trial, and not surprisingly, did not do well at trial.  She sued, amended, amended again and asked to amend for the fourth try.  All was lost. “Plaintiff was hired…
Plaintiff defended a suit by her attorneys seeking a contingent fee on the basis that they settled the case without her authorization.  Customarilly, these cases are a win for the attorney.  Not yet, in Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP v Paravas 2021 NY Slip Op 01871 Decided on March 25, 2021 Appellate Division, First Department “Defendant made a prima facie showing that she discharged plaintiff for cause after plaintiff settled her claim,…
How did you fall? is a question asked at any trip and fall case deposition of plaintiff.  Plaintiffs have to be carefully prepared to answer this question, as it can be awfully important.  Courts and juries like to hear certain phrases and descriptions.  A casual “I’m not sure” or other answer which does not specify the method of falling can kill a case. Walker v Shaevitz & Shaevitz  2021 NY Slip Op 01799 Decided on…
Don’t rock the boat is often the wrong advice.  in LePatner Project Solutions LLC v 320 W. 115 St. 2021 NY Slip Op 01510 Decided on March 16, 2021 Appellate Division, First Department objecting made a big difference in an account stated situation.  Counterclaiming for legal malpractice also made a big difference. “”[E]ither retention of bills without objection or partial payment may give rise to an account stated” (Morrison Cohen Singer & Weinstein, LLP
Sometimes with the statute of limitations staring at plaintiff, the question of whether the case is premature arises.  There is, of course, a conundrum.  Bring the case now (while the underlying case is still pending) and it is too early.  Wait for the underlying case to resolve, and it will be too late. Aydiner v Karasik Law Group, P.C.  2021 NY Slip Op 30781(U) March 15, 2021 Supreme Court, Richmond County Docket Number: 151944/2020 Judge:…
Hall v Hobbick 2021 NY Slip Op 01398 Decided on March 10, 2021 Appellate Division, Second Department illustrates the principle that no written retainer agreement is necessary for the formation of an attorney-client relationship. “The Supreme Court erred in granting that branch of the third-party defendants’ motion which was pursuant to CPLR 3211(a)(1) and (7) to dismiss so much of the first cause of action as sought compensatory damages for legal malpractice in connection with…
Alrose Steinway, LLC v Jaspan Schlesinger, LLP  2021 NY Slip Op 30619(U) March 5, 2021Supreme Court, New York County Docket Number: 151482/2017 Judge: Andrea Masley is a long, reasoned and detailed discussion of a legal malpractice claim based upon a projection of future commercial events.  it is too long to effectively excerpt it for a blog entry.  The take-away from this case is that a “future profits” or projection of future losses based upon current…
Cases are rarely directly dismissed for discovery failures. Generally, discovery failures manifest themselves in a bad outcome at trial, in a bad outcome on summary judgment, or in a flameout prior to trial, with attorneys withdrawing and the case sputtering to a finish.  Here, in Cascardo v Dratel  2021 NY Slip Op 30667(U) March 4, 2021 Supreme Court, New York County Docket Number: 101055/2017 Judge: Erika M. Edwards discovery failures led directly to dismissal.…