New York Attorney Malpractice Blog

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Continuous representation was once determined almost solely by the date of transfer of representation.  Either a consent to change attorney or a court order determined the last day of representation and hence the end of continuous representation.  Then came Aaron v. Roemer  which held that communications showing a total breakdown of the attorney-client relationship marked the end of continuous representation, even though the order came days later.  Those few days made a great difference.…
Building is being sued by NYC for a public nuisance.  While the case is being litigated, building owner rents the storefront to a club.  Operating a club seems to be part of the public nuisance. Did the landlord know that renting it out (again?) to a club was a no-no?  Was the economic incentive too large?  Was it the attorney’s fault that the lease did not include certain phrases?  Jadidian v Drucker   2019 NY…
In Mamoon v Dot Net Inc.   2019 NY Slip Op 31053(U)  April 5, 2019 Supreme Court, New York County Docket Number: 652902/2013,  Judge Lucy Billings describes the intersection of privity and near privity in an accounting malpractice setting. “Since accountants owe no duty to the public at large, “privity,” a contractual relationship or similar connection with a mutuality of interest between plaintiff and the Khan defendants, is a necessary predicate for the Khan defendants’ liability. Parrott v. Coopers & Lybrand. L.L.P.,…
Not every attorney problem can be shoehorned into a Judiciary Law § 487 format.  US Suite LLC v Baratta, Baratta & Aidala LLP 2019 NY Slip Op 02837  Decided on April 16, 2019  Appellate Division, First Department is an example of a partially successful plaintiff’s case which fails on JL § 487. “Plaintiffs’ complaint here, as supplemented, sufficiently states a cause of action that defendants aided and abetted another person’s removal of funds belonging to plaintiffs, hid the funds…
Hudson Yards LLC v Segal  2019 NY Slip Op 30996(U)  April 5, 2019  Supreme Court, New York County Docket Number: 158606/2014 Judge: Andrea Masley describes the unraveling of the initial Hudson Yards real estate deal and the loss of $ 50M.  Even in NY these are big real estate numbers.  Legal Malpractice?  Supreme Court says it’s all too speculative. “Hudson Yards LLC, an entity in which Singer served as managing member, purchased real estate in December 2005 and March 2006…
Cascardo v Dratel  2019 NY Slip Op 02957 Decided on April 18, 2019 Appellate Division, First Department is a combination legal malpractice, excessive billing, fraud breach of fiduciary duty case which had several claims weeded out for this plaintiff. “Plaintiff’s fraud claim should have been dismissed because the complaint did not sufficiently plead justifiable reliance upon defendant’s claim that it needed an additional $10,000 to continue its work on her lawsuit. In fact, the complaint specifically asserts…
This lovely 1500 year old phrase starts the case of Long Island Real Props., Ltd. v US Bank N.A.  2019 NY Slip Op 30954(U)  April 2, 2019  Supreme Court, Suffolk County  Docket Number: 621122/2017.   Judge James Hudson quotes the medieval writer Tribonian to the effect that “A great number of unskilled practitioners ruins a Court. (2 Inst. 219)  He then goes on to catalog the errors in a Long Island real estate law suit, weaving in a discussion…
Citing a “strong public policy to dispose of cases on their merits” the Appellate Division First Department reversed in Cornwall Warehousing, Inc. v Lerner  2019 NY Slip Op 02825 Decided on April 16, 2019. “Plaintiffs demonstrated a reasonable excuse for their default (CPLR 5015[a][1]), based on law office failure, as detailed in the affirmation of their former counsel who miscalendared the motion (CPLR 2005; People’s United Bank v Latini Tuxedo Mgt., LLC, 95 AD3d 1285
Professionals take on work, and more specifically responsibilities.  Some come from the general tort requirement to act reasonably towards the public, some arise from contract.  Lam v 933 60th St. Realty Inc.    2019 NY Slip Op 30707(U) March 20, 2019 Supreme Court, Kings County Docket Number: 514453/2018 Judge: Debra Silber is an example of how a carefully drafted retainer agreement/contract can limit potential liability. “This is an action for property damage allegedly caused to plaintiffs’ properties as a result of…
A vintage cartoon (from the New Yorker?) has a bunch of New York people at a cocktail party, and the balloon for each of them simply says “Real Estate.” NY Prime Holding LLC v Nationstar Mtge., LLC  2019 NY Slip Op 30857(U)  March 27, 2019  Supreme Court, New York County  Docket Number: 157879/2018 Judge: John J. Kelley  is the story of a Harlem townhouse passed around in a game of musical real estate parcels.  A foreclosure action is…