Lawyer Malpractice Class #1
Welcome to Hofstra Law School’s course on “Lawyer Malpractice” This is the first installment of what will be an effort to make available to all law students and lawyers the ...
NY: Labor Union or Union Member–Who Is My Client?
Mamorella v. Derkasch, 716 N.Y.S.2d 211(2000). NY: Underlying employment law Student Contributor: Jason Zemsky Facts: Plaintiff Mamorella was appointed to a three-year probationary appointment as principal of the Auburn West ...
PA: Privity Prevails
Mentzer & Rhey, Inc. v. Ferrari, 367 Pa. Super. 123 (Pa. Super. Ct. 1987) PA. Underlying Real Estate Transaction Student Contributor: Melissa Goldberg Facts: Bruno Ferrari, the original Defendant, sold ...
NY: Increased Liability for Estate Planning Attorneys
Estate of Schneider v. Finmann, Court of Appeals of New York, June 17, 2010 Facts: The defendant attorney represented decedent Saul Schneider from April 2000 to his death in October ...
NY: No Privity, No Liability
Sayeh v. 66 Madison Ave. Apt. Corp., 2010 NY Slip Op 03844 (1st Dept. May 6, 2010) Underlying Commercial Transaction Facts: Plaintiff, an owner of seven apartments in a coop, ...
TX: More Erosion of the Privity Doctrine
O’Donnell v. Smith, 52 Tex. Sup. Ct. J. 52 (Tex. 2009). TX: Underlying decedent’s estate claims Student Contributor: Aaron Moncibiaz* FACTS: Executor Thomas O’Donnell sued Decedent’s former attorneys, Cox & ...
NY: Privity. Alive and Well (Investment Losses)
Rechberger v. Scolaro, Shulman, Cohen, Fetter & Burstein, P.C., 45 A.D.3d 1453, 848 N.Y.S.2d 459 (2007) NY: Business losses allegedly attributed to malpractice. Student Contributor: Michael Park Facts: Plaintiff was ...
Privity in NY: Alive and Well (with Certain Exceptions)
Nelson v. Kalathara, 48 A.D.3d 528, 853 N.Y.S.2d 89 (2008) NY: Underlying litigation, privity. Student Contributor: Michael Park Facts: An incapacitated person had a guardian assigned to them and their ...
Privity and Entity Representation
Rechberger v. Scolaro, Shulman, Cohen, Fetter & Burstein, P.C., 45 A.D.3d 1453, 848 N.Y.S.2d 459 (2007) NY Underlying Commercial Transactions Student Contributor: Maninder (Meena) Saini Facts: Plaintiff (Rechberger) filed a ...
Intended Beneficiaries as Exceptions to the Rule of Privity
Guy v. Liederbach, 501 Pa. 47 (Pa. 1983) PA. Underlying Will Action Student Contributor: Melissa Goldberg Facts: Kent, then a resident of Pennsylvania, retained Defendant to draft a one-page "Last ...