Hearst v. Hearst and Legal Malpractice
In the high-stakes Estates and Trust world of Suffolk County [think East Hampton, not Patchogue], this case was reported last week. Plaintiff John Randolph Hearst [of the publishing family] sued his attorney on the theory that he and his former wife "fraudulently deprived him of title and use of more than $ 20 million in real property." on a theory of undue influence. The case was decided by the Appellate Division, 2d Departmenbt.
The defendant attorney's CPLR 3211 motion was converted to a CPLR 3212 motion. Plaintiff demonstrated that the defendant attorney represented both husband and wife, and was therefore burdened by a conflict of interest. The AD determined that the case must be tried.
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