The question of identity and partnership lead to a question of deceit.  If an attorney is a partner may he release a client.  If he is not a partner is it a violation of Judiciary Law § 487 to give the release?  For now, the question remains in limbo.

Michael J. Devereaux & Assoc., P.C. …

How the case was dismissed becomes the most important issue in Finamore v David Ullman, P.C. 2020 NY Slip Op 00105 Decided on January 8, 2020 Appellate Division, Second Department .

“In an action to recover damages for legal malpractice, the plaintiff, Sandro Finamore, in his capacity as executor of the estate of Ione Finamore,…

Some courts hold that any claim against a “learned professional” must be analyzed via the lens of malpractice, legal, medical or professional.  This implies certain statutes of limitation, certain obligations of a professional and other differences between the professional and the lay person.  Here, in Sutherland v Fitzpatrick  2020 NY Slip Op 30029(U)  January 2,…

Ramos v Goldberg, Scudieri & Lindenberg, P.C.  2020 NY Slip Op 30028(U) January 6, 2020 Supreme Court, New York County Docket Number: 160837/2016 Judge: Anthony Cannataro illustrates how courts review the materials and predict how the case would have come out “but for” the mistakes of the attorneys.  These but for examinations are very…

CPLR 203(d) is an ill-understood, mysterious saving statute that allows untimely counter-claims to be brought under certain circumstances.  It can be a saving statute for wildly out of statute counterclaims and acts as an offset to a claim.  The requirements are set forth in a recent opinion by Judge Schecter in Supreme Court, New York…

An attorney acts for the client.  More than three years passes from those acts, and the client wants to sue.  How does the statute of limitations apply, what acts by the attorney might extend the statute, and how does “fraud” play into the analysis?

Capone v LDH Mgt. Holdings LLC  2020 NY Slip Op 30013(U) …

Legal malpractice claims often consist of a specific claim of malpractice, a breach of fiduciary duty and a breach of contract.  In a setting (say, Connecticut and New York) where the acts occur in Connecticut and the attorney is sued in New York, the borrowing statute (CPLR 202) comes into play.  In Capone v LDH …

Sclafani v Kahn  2019 NY Slip Op 01115 [169 AD3d 846] February 13, 2019
Appellate Division, Second Department gives a good theoretical explanation of continuous representation and the underlying requirements of continuing trust and confidence as well as a shared understanding of the need for further work.

“An action to recover damages for legal malpractice…