The mathematics of calculating the statute of limitations in light of the Covid tolling periods is discussed in Lewner v Dahill 2023 NY Slip Op 30629(U) February 28, 2023Supreme Court, New York County Docket Number: Index No. 805366/2021 Judge: Leslie A. Stroth. This decision serves as a template in adding days to the underlying statute
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Standing, Yes But Too Speculative (2)
Last post, we discussed Gad v Kramer Levin Naftalis & Frankel, LLP 2022 NY Slip Op 34357(U) December 20, 2022 Supreme Court, New York County Docket Number: Index No. 156841/2021 Judge: Margaret A. Chan where siblings fight long and hard over a very lucrative business, resulting in years of litigation, costly attorney fees, and the…
A Very Complicated New York Real Estate Fraud Case
Fierro v Yellen 2022 NY Slip Op 32959(U) August 31, 2022 Supreme Court, Kings County Docket Number: Index No. 523796/2021 Judge: Ingrid Joseph is way too complicated a fact pattern to set forth in a paragraph or two. You’ll have to read the multi-page facts in the case itself.
Here is the doctrinal take-away discussion…
Another Win for an OPMC Litigator
Attorneys who defend doctors in Office of Professional Medical Conduct proceedings work in a complex rule-driven atmosphere. Frequently negative outcomes lead to legal malpractice cases. In Manouel v Dembin 2022 NY Slip Op 00725 Decided on February 03, 2022
Appellate Division, First Department the case ended with summary judgment.
“Plaintiff fails to articulate any…
Lot Line Windows and Legal Malpractice
Real Estate in Manhattan, whether in a pandemic or not, remains a very significant economic force. Real estate transactions remain a very significant portion of the legal malpractice world in NYC. Here, a multi-million dollar co-op purchase went sour over the next door building’s right to add several floors and a penthouse. The addition would…
What Will Happen Now?
New questions, including those that might have seemed naïve in the past are being asked. How will the pandemic affect representation of injured clients? How will attorneys go about their daily tasks? Will there be new classes of legal malpractice claims as clients suffer negative outcomes? Will force majeure be applied to claims against attorneys during…
Coronavirus and Legal Malpractice
The question will inevitably come up, perhaps in February 2023 whether the negative outcome of a case in March, 2020 was the result of legal malpractice, force majeure or merely inevitable circumstance. Judge Marks has published an extensive direction that all “non-essential” matters be postponed. So, will the failure to make a certain motion be…