There are few really good excuses in life.  “The dog ate my ___” is one classic.  “Traffic” can serve as a reasonable excuse.  Temporary psychological inability to defend oneself does not seem like a good candidate, but in  Pierot v Leopold  2017 NY Slip Op 07154  Decided on October 11, 2017  Appellate Division, Second Department it succeeded. “The plaintiffs… Continue Reading
New, or unique causes of action rarely arise.  In Alrose Steinway, LLC v Jaspan Schlesinger, LLP 2017 NY Slip Op 32082(U) September 29, 2017  Supreme Court, New York County Docket Number: 151482/2017 we see a claim that failure to supervise a vastly experienced partner in an LLP  is negligence.  Supreme Court permits discovery on the issue, finding that it… Continue Reading
Wright v Kok-Min Kyan  2017 NY Slip Op 32057(U) September 28, 2017 Supreme Court, New York County Docket Number: 805475/2016 Judge: Eileen A. Rakower is a medical malpractice case that explains what to do when service of the summons and complaint has gone awry. “Plaintiffs served the Summons with Notice upon Lenox Hill Hospital by service of process upon Ryann… Continue Reading
Attorney fees are the driver of what could be a majority of legal malpractice cases.  CLE lecturers consistently warn of the attorney fee-legal malpractice reflex arc, and with good reason.  Glassman v Weinberg 2017 NY Slip Op 06885 Decided on October 3, 2017  Appellate Division, First Department is a prime example.  Here the account stated claim fails and the… Continue Reading
In the world of big lending, a simple omission can cause large damages.  So it went in Scopia Windmill LP v Olshan Frome Wolosky LLP  2017 NY Slip Op 32031(U)  September 26, 2017 Supreme Court, New York County  Docket Number: 650616/2016  Judge: Saliann Scarpulla.  Plaintiffs were investing in agriculture in order to get into the fracking business. Apparently a certain… Continue Reading
Privity between client and attorney is mirrored by the doctrine of the lack of a doctor-patient relationship.  Forget that there was a failure to diagnose breast cancer, and that the result can be deadly.  Social policy of limiting suits between patients and remote medical providers as well as the social policy of limiting legal malpractice… Continue Reading
In one of the more confusing fact recitations we have come across, where Plaintiff in action 1 is Defendant in action 2 and where both parties are female, pronouns and party-designation does not help.  Whatever.  In Verkowitz v Ursprung  2017 NY Slip Op 06675  Decided on September 27, 2017  Appellate Division, Second Department the attorney represented the client in… Continue Reading
Defendant attorney in Baram v Person 2017 NY Slip Op 06625 Decided on September 26, 2017 Appellate Division, First Department  tried to spread the blame in two ways, each of which failed.  A third-party action was wholly wiped out.  His arguments that papers were insufficient similarly failed. “Plaintiffs alleged in their complaint that defendant attorney was negligent… Continue Reading