This is the Legal Malpractice Case Often Used As an Example

Oral argument sometimes drifts to the “analogy” stage, where an example must be used in order to show the simplest type of legal malpractice case.  It is often the particular fact pattern found in Detoni v McMinkens  2017 NY Slip Op 01334  Decided on February 22, 2017  Appellate Division, Second Department. View Full Post
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Sure, Things Went Wrong…but Was It This Guy?

Superior Tech. Solutions, Inc. v Rozenholc  2017 NY Slip Op 01136 Decided on February 10, 2017 Appellate Division, First Department is an example of trying anything to fix a deadly problem.  When this happens, anyone in the general vicinity becomes a target. From what we can glean, longtime tenant gets into a problem with the landlord, and has to try to fix that problem.   View Full Post
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One Legal Malpractice Case…Three Lessons in Legal Malpractice

Alphas v Smith 2017 NY Slip Op 01277  Decided on February 16, 2017 Appellate Division, First Department packs a semester’s worth of lecture into one short case. Lesson 1:  Privity in a Small Corporate Setting.  “In opposition to defendants’ motion, plaintiff’s counsel submitted an affirmation citing Good Old Days Tavern v Zwirn (259 AD2d 300 [1st Dept 1999]) and averring that plaintiff was the president and sole shareholder of the Alphas Company of New York, Inc. View Full Post
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How Might a Legal Malpractice Case Play Out Here?

The New York Law Journal reported a “drastic sanction” against a medical malpractice defense firm today in Lucas v Stam  2017 NY Slip Op 01190  Decided on February 15, 2017  Appellate Division, Second Department. “This medical malpractice action arises from ophthalmological surgery performed on September 5, 2007, on the plaintiff’s decedent by the defendant William M. View Full Post
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A Rare Judiciary Law 487 Case with Some Lessons

Judiciary Law § 487 cases that survive appeal are rare; more so when it is against opposing counsel.  Here, in Kimbrook Rte. 31, L.L.C. v Bass 2017 NY Slip Op 01083 Decided on February 10, 2017 the Appellate Division, Fourth Department states two principles of JL § 487:  no need to bring the claim in the underlying case, and little or no collateral estoppel will exist. View Full Post
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