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On December 12, 2018 an appellate court threw out a decision by a Queens County Judge who granted a pre-trial motion by a real estate firm to hold their attorney liable for legal malpractice as a matter of law.The client owned property in the Bronx and argued that it retained the attorney to file...
On November 29, 2018, an attorney, Daniel John McCarthy, licensed in New York since 1999, (whose registration address was an office in Manhattan), was suspended for three years due to misconduct during his defense of a pediatrician in a medical malpractice case in the state of Delaware.The physic...
On November 21, 2018 an appellate court reversed a trial court that had dismissed a legal malpractice claim before any discovery proceedings had been conducted. Basically, the plaintiff had been injured in a car accident and retained the defendant law firm to prosecute a personal injury action.
On November 14, 2018 The Appellate Division, Second Department reversed Supreme Court Justice Paul Marx, who dismissed a legal malpractice on the ground that it had not been filed within the three year statute of limitations. The Appellate Court found that there was an issue of fact on whether th...
In a recent decision an appellate court covering Manhattan upheld a client's right to a jury trial on the claim that he received negligent advice from his attorney that he could leave the U.S.and would not be deported when he returned, as a result of pleading guilty to multiple federal election l...
Legal malpractice lawsuit for failure to file a workers compensation claim that had no merit results in dismissal of lawsuit.
On August 15, 2018, the appellate Court covering Queens County allowed a client's claim against it's former attorney to proceed on a theory that the attorney knew the client had no case and persuaded it to pay attorney's fees in a futile effort. The claim upheld was brought under the Judiciary Law Section 487...
On August 1, 2018, Justice O.Peter Sherwood of the New York County Supreme Court ruled that legal experts were unnecessary and would not be allowed from either side.to determine whether a law firm committed legal malpractice. The client claims that the attorney was negligent for failing to memori...
On July 26, 2018, the appellate court for Bronx Supreme Court actions agreed that the dismissal of a claim for a violation of Judiciary Law 487 was proper. This section of the law allows client's to recover treble damages against attorney's (in limited circumstances) who engage in intentional dec...
On July 18, 2018, the appellate court for Queens County agreed that a client who signed a settlement agreement resolving his divorce action couldn't sue his attorney by claiming: 1) he was too heavily medicated to understand what he signed; and, 2) the attorney didn't properly investigate the exi...
Legal malpractice complaint dismissed for lack of detail explaining why the outcome of a case would have been favorable if handled properly by the law firm.
On July 10, 2018, the Appellate Division, First Department suspended an attorney from the practice of law, without a hearing, based on the findings of a federal court Judge from the Southern District a few months ago. Judge Kaplan conducted a 7 week trial with testimony from over 60 witnesses (bo...
On July 2, 2018 an appellate court covering Queens County upheld the dismissal of a legal malpractice claim that was filed 8 weeks after the 3 year statute of limitations expired. The client had retained an attorney in connection with a loan from a funding company that was secured with a mortgage...
This case concerns a New York City (NYC) teacher who suffered spinal injuries in a trip and fall at a public school. Two different law firms successively represented him until his case was dismissed for failing to file a Notice of Claim within 90 days of the accident, against the correct munici...
On June 19, 2018, a restaurant operator filed suit in Manhattan against the law firm of Seyfarth Shaw for missing time sensitive deadlines on the disclosure of experts resulting in the preclusion of their experts at the time of trial. During legal proceedings before the trial the Judge allegedly ...
Last week a United States Federal Court Judge from the Southern District of New York dismissed a legal malpractice claim of a woman who had been convicted of "misbranding drugs, conspiracy, mail fraud and wire fraud" and sentenced to three years in prison.She sued the law firm that unsuccessfully...
On June 11, 2018 former NYS Town of Guilderland Justice Richard Sherwood (voluntarily resigned when caught) pleaded guilty to money laundering, tax crimes and grand larceny. Sherwood provided estate planning for the estate of Warren Bruggeman, a top executive of General Electric who died in 2009....
Earlier this month, the appellate court covering Brooklyn agreed with a trial court who refused to grant the motion of a workers compensation law firm to dismiss a legal malpractice claim. The plaintiff was injured on the job and hired the Polsky law firm to handle his claim for workers compensat...
On May 16, 2018, the appellate court covering Kings County overturned a lower court Judge who had dismissed a legal malpractice claim as being too speculative. In a nutshell, the client building owner hired a law firm to evict residential tenants on four floors. The law firm successfully vacated ...
A Nassau County Supreme Court Justice wisely ruled on February 13, 2018, that a law firm representing the husband in a divorce action cannot hire the associate attorney from the wifes law firm without disqualifying the husbands law firm. Imagine divulging your secrets to an attorney in the mids...
Yesterday, the Manhattan District Attorneys Office reported that Paul Richard Karan, age 81, had pleaded guilty to grand larceny from multiple families trusts accounts. He admitted stealing over $2.6 million dollars from his unsuspecting clients who trusted him. Manhattan DA Cyrus Vance Jr. stat...
On January 30, 2018, an attorney from Bellmore, N.Y., Nancy Enoksen, age 49, was convicted by a jury of stealing $187,000 in personal injury funds awarded to her client. After a 7 day trial, it took the jury 90 minutes to convict the thief. Between August 2013 and April 2014 Enoksen withdrew fund...
On January 8, 2018, Justice Lynn Kotler of the New York County Supreme Court denied an attorneys motion to dismiss a legal malpractice claim arising out of a divorce action involving assets worth tens of millions of dollars. Noreen and Peter Roth married in 1996 and had two children. The husb...
On January 3, 2018, federal court Judge Robert W. Sweet from the Southern District in Manhattan, dismissed a legal malpractice claim filed by a disgruntled client who was convicted of wire fraud and conspiracy. The reason for the dismissal was a well settled principle under New York law that you ...
Two days ago, the Appellate Division reversed a Manhattan Judge and dismissed a legal malpractice case against an attorney who sued the wrong party causing the dismissal of a personal injury case. The Niemark law firm was first attorney hired by a man who was injured at a public school in New Yor...
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