The decision in Bianco v Law Offices of Yuri Prakhin, 189 AD3d 1326, 1327-29 [2d Dept 2020] serves as a good reminder that a motion to dismiss an action based upon documentary evidence should be conclusive; otherwise, the motion will Read More »
Party bringing a lawsuit must be prepared to produce discovery responses in a timely fashion.
Allstar Elecs., Inc. v DeLuca, 188 AD3d 1121 [2d Dept 2020] is a good reminder that, even in the context of a legal malpractice case, the party bringing the lawsuit must be prepared to produce all discovery responses to the Read More »
A client must be cognizant of the strict bar under the statute of limitations for suing his attorney.
A client must be cognizant of the strict bar under the statute of limitations for suing his attorney. In Flintlock Constr. Services, LLC v Rubin, Fiorella & Friedman, LLP, 188 AD3d 530, 531 [1st Dept 2020], the court affirmed dismissal based Read More »
Joint Venture Agreements – I would do anything for [my partners] but I won’t do that…
Acrobat PDF Version Two partners owned vacant lots in Manhattan and wanted to build on them. They found two developers who pitched building townhouses on the lots. The four of them entered into a joint venture agreement (“JVA”). [1] Essentially, Read More »
Attorney retainer agreement should state matters for which the attorney is NOT retained.
It is important for a retainer agreement to lay out not only the matters that the attorney will represent the client on but also those that the attorney will not provide representation. The client defeated the motion to dismiss in Read More »
