Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: New York

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NY: INTERNATIONAL BUSINESS ADVICE NOT LEGAL MALPRACTICE

Posted in New York
GUS Consulting GmbH v. Chadbourne & Parke, LLP, 74 A.D.3d 677, 905 N.Y.S.2d 158 (2010) NY: underlying international corporate case Student Contributor: Alexis Trezza Facts: Defendants represented CAIB and its affiliates in international investments. Plaintiffs sued defendants for legal malpractice because plaintiffs allege that defendants failed to warn them, in 1998, of possible criminal consequences … Continue Reading

NY: Legal Malpractice No Merit to Underlying Claim? Do Your Discovery!

Posted in New York
Riordan v. Cellino & Barnes, P.C., 84 A.D.3d 1737, 922 N.Y.S.2d 728 (2011) NY: underlying labor and negligence actions Student Contributor: Alexis Trezza Facts: Plaintiff commenced a legal malpractice action against defendants seeking damages that plaintiffs alleged resulted from defendants’ negligent representation of Clarence F. Riordan in the underlying Labor Law and common law negligence … Continue Reading

NY: Legal Malpractice for Failure to Cancel a Real Estate Contract?

Posted in Damages, New York, Proximate Cause
Bells v. Foster, 83 A.D.3d 876, 922 N.Y.S.2d 124 (2011) NY: Underlying Real Estate Contract Cancellation Student Contributor: Alexis Trezza Facts: Defendant represented plaintiff in a real estate action. Plaintiff (purchaser) entered into a contract for the sale of certain real property. She was given forty-five days in which to secure a mortgage. In the … Continue Reading

NY: Statute of Limitations Retroactive Application

Posted in New York
Berman v. Cullen & Dykman et al., 291 A.D.2d 518, 739 N.Y.S.2d 169 (2002) NY: underlying commercial transaction, security interest, financing statement Student Contributor: Alexis Trezza Facts: Defendants represented plaintiffs in the sale of their business. In connection with same, defendants filed a financing statement in order to perfect plaintiff’s security interest in the purchaser’s … Continue Reading

NY: No Damages, no Cause of Action

Posted in Case Within a Case, New York
Brodeur v. Hayes, 18 A.D.3d 979, 795 N.Y.S.2d 761 (2005) NY: underlying suit on  personally guaranteed notes  Student Contributor: Alexis Trezza Facts: Defendant and his law firm represented plaintiff and his various businesses for many years. Plaintiff had personally guaranteed several notes and mortgages on a piece of property that he used for his business. … Continue Reading

NY: Plaintiff’s Dissatisfaction with Settlement Not Enough to Prove Malpractice

Posted in New York
Sevey v. Friedlander, 83 A.D.3d 1226, 920 N.Y.S.2d 831 (2011) NY: Underlying divorce action Student Contributor: Alexis Trezza Facts: Defendant represented plaintiff in a divorce action. Prior to trial, a settlement was negotiated, and a stipulation setting forth the terms of  settlement was placed on the record in July 2003. Plaintiff acknowledged on the record … Continue Reading

NY: When Proving Legal Malpractice, Get it Right the First Time. No second bites at the Apple!

Posted in New York
Maddux v. Schur, 83 A.D.3d 1156, 920 N.Y.S.2d 812 (2011) NY: Underlying tax assessment proceeding  Student Contributor: Alexis Trezza Facts: Defendant represented plaintiff in a tax assessment proceeding that she brought against the Town of Oppenheim. During that action, she claims that the town was held in contempt. In 2003, plaintiff commenced a legal malpractice … Continue Reading

NY: Court Says ‘Malpractice is Breach of Contract’ ?? The Duplicative Cause of Action.

Posted in New York
Long v Cellino & Barnes, P.C., 873 N.Y.S.2d 805, 806-07 (App. Div 4th 2009). NY: Underlying Labor Law and Common-law Negligence Action. Student Contributor: Le-el D. Sinai Facts: Plaintiff was an ironworker and fell about 20 feet to the ground from the mezzanine deck of a warehouse while on the job. Defendant attorneys, retained by … Continue Reading

NY: Insurer Sues Assigned Attorney for Malpractice

Posted in Insurance, New York, Privity
Kumar v. Am. Transit Ins. Co., 854 N Y.S.2d 274, 275 (App. Div. 4th 2008). NY: Underlying Insurance Case. Student Contributor: Le-el D. Sinai Facts: Plaintiffs sued defendant Hiscock attorneys and the insurance company (American Transit Insurance Company, or “American”) for assigning the defendant to plaintiffs underlying case. American commenced a third-party action, alleging that … Continue Reading

NY:Client’s Duty to Cooperate with Counsel Causes Their Own Damage

Posted in New York
Ryan v. Powers & Santola, LLP, 73 A.D.3d 1273, 899 N.Y.S.2d 486 (2010) NY: underlying personal injury case Student Contributor: Alexis Trezza Facts: Plaintiff was injured while dining at a T.G.I.Friday’s restaurant in September 1999. He retained defendants to represent him in a negligence action against T.G.I.Friday’s and Carlson Restaurants Worldwide, and a lawsuit was … Continue Reading

NY: Continuous representation may trump three-year statute of limitations

Posted in Cases & Materials, Labor & Employent, Litigation, New York, Statute of Limitations
Aaron v. Roemer, Wallens & Mineaux, LLP, et al., Defendants, and Zahnleuter, 272 A.D.2d 752, 707 N.Y.S.2d 711 (2000) NY: underlying employment discrimination action Student Contributor: Alexis Trezza Facts: Plaintiff Steven L. Aaron was the defendant in two consolidated Federal sexual harassment suits. Defendant law firm Roemer, Wallens & Mineaux, or RWM (with defendant Richard … Continue Reading

NY:Timing is everything: claims for legal malpractice and breach of fiduciary duty not necessarily duplicative

Posted in New York
Neuman v. Frank, 82 A.D.3d 1642, 919 N.Y.S.2d 644 (2011) NY: claim for legal malpractice and breach of fiduciary duty Student Contributor: Alexis Trezza Facts: Plaintiff  brought an action against Frank,  a partner in defendant law firm, alleging that he committed legal malpractice and breached his fiduciary duty to plaintiff during the course of his … Continue Reading

NY: Perfected pro-se appeal results in dismissal of malpractice action

Posted in New York
Capogrosso v. Landsman, 83 A.D.3d 638, 919 N.Y.S.2d 899 (2011) NY: malpractice claim by client against attorney Student Contributor: Alexis Trezza Facts: Defendant  Attorney  represented plaintiff former client in a prior action, which resulted in a judgment against client. Attorney filed an appeal on her behalf and then withdrew as counsel in the action. Plaintiff … Continue Reading

NY: Timing is everything: claims for legal malpractice and breach of fiduciary duty may not necessarily be duplicative

Posted in New York
Neuman v. Frank, 82 A.D.3d 1642, 919 N.Y.S.2d 644 (2011) NY: claim for legal malpractice and breach of fiduciary duty Student Contributor: Alexis Trezza Facts: Plaintiff David Neuman brought an action against Stuart A. Frank, a partner in defendant law firm, alleging that he committed legal malpractice and breached his fiduciary duty to plaintiff during … Continue Reading

NY: No Non-Pecuniary Damages for Botched Criminal Defense

Posted in Damages, New York
Dombrowski v. Bulson, 19 N.Y.3d 347, 948 N.Y.S.2d208 (Ct.of Appeals, 2012)  NY: Underlying Criminal Defense; Ineffective Assistance of Counsel FACTS: Plaintiff convicted in New York of attempted rape and endangering the welfare of a child. His motion to vacate the conviction on the grounds of "ineffective assistance of counsel" is denied without a hearing. Plaintiff … Continue Reading

NY: Conflict of Interest Waiver Not Sufficient to Support Summary Judgment

Posted in Conflicts of Interest, Corporate Law, New York
Roller v. Walsh, 278 A.D. 2d 811 (App. Div. 4th Dept. 2000) NY: Business Law; Conflicts in transaction Student Contributor: Adam Gardin Facts: Defendant represented and assisted plaintiffs in the formation of two limited liability companies. Plaintiffs brought legal malpractice and breach of fiduciary duty claims against defendant, for “advancing the interests of the fourth member … Continue Reading

NY: Switching the Burden of Proof: Defendant Lawyer Motion to Dismiss Legal Mal Case Requires Lawyer to Show that Client Would have Lost!

Posted in New York
Middleton v. Kenny, 286 AD 2d 957 (N.Y. 4th Dept. 2001) NY: Personal Injury Student Contributor: Adam Gardin Facts: Plaintiff was represented by defendants in an underlying personal injury action concerning plaintiff’s “alleged exposure to fumes and chemicals at” his workplace. The action was dismissed by Court, which ruled that the “Supreme Court abused its … Continue Reading

NY: Actual Knowledge of Ongoing Hazardous Conditions Constitutes Constructive Notice for Each Recurring Incident

Posted in But for-Proximate Cause, New York, Torts/Personal Injury
Lowe v. Spada, 282 A.D. 2d 815 (N.Y. 3rd Dept. 2001) NY: Tort Law Student Contributor: Adam Gardin Facts: Plaintiff commenced an action against defendants for failing to timely commence a personal injury action against the maintenance company responsible for cleaning the bathroom where she suffered a slip-and-fall. Defendants claimed that plaintiff would not have … Continue Reading

NY: Actual Knowledge of Ongoing Hazardous Conditions Constitutes Constructive Notice for Each Recurring Incident

Posted in But for-Proximate Cause, New York, Torts/Personal Injury
Lowe v. Spada, 282 A.D. 2d 815 (N.Y. 3rd Dept. 2001) NY: Personal injury. Premises liability Student Contributor: Adam Gardin Facts: Plaintiff commenced an action against defendants for failing to timely commence a personal injury action against the maintenance company responsible for cleaning the premises where she suffered a slip-and-fall. Defendants claimed that plaintiff would … Continue Reading

NY: To Prevail on Summary Judgment, Defendant Attorney Must Show That Plaintiff Is Unable To Prove Any of the Required Elements in a Legal Malpractice Case

Posted in Family Law, New York, Real Estate
Ehlinger v. Ferlazzo, PC, 304 AD 2d 925 (3rd Dept. 2003) NY: Underlying Divorce Action Student Contributor: Mordechai Goldenberg Facts: Plaintiff retained defendants to represent him in a divorce action against his wife. One of the disputed issues in the action was ownership of certain real property titled solely in wife’s name. Plaintiff claimed an … Continue Reading

NY: In A Legal Malpractice Case, Plaintiff Must Show “Actual Loss”

Posted in Damages, New York
Evangelista v. Slatt, 20 AD 3d 349 (1st Dept. 2005) NY: Underlying Misappropriation Action Student Contributor: Mordechai Goldenberg Facts: Plaintiff sued a former employee to recover $7 million he allegedly misappropriated. Due to the former employee’s failure to answer the complaint, Plaintiff obtained a default order directing that the matter be set down for an … Continue Reading

NY: Attorney’s Selection of One Among Several Reasonable Courses of Action Is Not Malpractice

Posted in Damages, New York, Proximate Cause
Holschauer v. Fisher, 5 AD 3d 553 (2nd Dept. 2004) NY: Underlying Professional Misconduct Hearing Student Contributor: Mordechai Goldenberg Facts: Plaintiff is a physician who was charged with professional misconduct by the New York State Department of Health Office of Professional Medical Conduct. After the disciplinary hearing began, the defendant attorney negotiated a settlement with … Continue Reading
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