Battling Narratives in Legal Malpractice Case
This story of a likely ponzi scheme in the investments field took place between family members. Plaintiff gave his in-law $ 295,000 to invest. When he became troubled by the lack of documentation, he demanded his money back. A transfer of $ 250,000 (he took a real loss) came to him. Trouble came with the transfer, however.
Shortly thereafter, a stranger came to him and told him that the transfer was taken out of his account, and that he wanted the money back. Plaintiff calls in-law who says that everything will be taken care of. 6 years goes by, and suddenly stranger sues plaintiff, and wins.
Plaintiff then turns to his attorney, and asks, why didn't you sue my in-law? Litigation ensues and motions for summary judgment are made and decided in Lovino, Inc. v Lavallee Law Offices
2010 NY Slip Op 33046(U);Supreme Court, Nassau County;Judge: Thomas Feinman who determined that there continued to be questions of fact. Plaintiff says that he told the attorneys to sue the in-law. The attorneys say that plaintiff told them to hold off suing the in-law until he finally changed his mind 5 days prior to trial.
"Thus where the existence of an issue of fact is even arguable or debatable, summary judgment should be denied. Stone v. Goodson, 200 NYS2d 627."