Many, Many Years Later, the Judiciary Law 487 Claim is Lost at Trial

Judiciary Law § 487 claims do not generally get to a jury.  In Dupree v Voorhees  2017 NY Slip Op 06062  Decided on August 9, 2017  Appellate Division, Second Department a 12 year old case, which long ago raised new issues in Judiciary Law § 487 ended with a non-jury verdict. View Full Post
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Legal Malpractice and Patent Law

There are certain areas of the law which are reserved to the federal courts.  These areas of law arise because the relevant law is found in federal statutes, or because the area which was previously spread across both state and federal statute or common law has become preempted by later federal statutes or case law.   View Full Post
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A Second Bite of the Apple is Permitted…but Not a Third

Yesterday, we reviewed the first go-round in Mrs. Weinberg’s litigation to undo the sale of two buildings, one of which was her family home for the past 50 years.  Today, in Weinberg v Kaminsky 2017 NY Slip Op 31628(U)  August 4, 2017  Supreme Court, New York County Docket Number: 150869/2017 Judge: Manuel J. View Full Post
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Duped or Not? Legal Malpractice or Not?

Looking back at Weinberg v Sultan  2016 NY Slip Op 05939 [142 AD3d 767]  September 1, 2016 the question before the Appellate Division, First Department seems to have been was whether plaintiff was duped or not, and whether her former son-in-law took a large “consulting fee” and did so to her detriment.   View Full Post
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