Legal Malpractice

Partners Ralph Catalano and Matt Flanagan successfully defended a medical malpractice lawyer before the Court of Appeals. The attorney was sued under Judiciary Law § 487 – New York’s attorney-deceit statute – based on the manner in which his legal fee was calculated and approved by the medical malpractice court. The fee calculation applied the sliding-scale fee-schedule required by Judiciary…

secures dismissal of alleged fraud and breach of fiduciary duty claims asserted against attorneys representing the lender in a commercial loan. The lawsuit, brought in Bronx County in New York, alleged that the attorneys conspired with the lender to issue a loan that the borrower, a housing cooperative, could not service. The court agreed that the action was meritless and…

continued its appellate winning streak with victories in legal malpractice cases in the United States Court of Appeals for the Second Circuit and the Appellate Division, First Department. In the Second Circuit case, the Court of Appeals affirmed the pre-answer dismissal of a legal malpractice action stemming from an underlying personal injury action. The plaintiff claimed that her underlying action…

On appeal, secured the dismissal of a legal malpractice action, also asserting breach of contract and USC 1983 and 1985 claims against its client, a New York City law firm. The United States Court of Appeals for the Second Circuit adopted ‘ arguments based upon the Rooker-Feldman doctrine and statute of limitations, unanimously affirming the dismissal with prejudice. The case…

Founding Partner, Ralph Catalano, successfully defended a Queens County bankruptcy attorney before the NYS Grievance Committee against charges of attorney escrow account mismanagement. Although a number of irregularities with the accounting and recordkeeping requirements of Rule 1.15 of the NY Rules of Professional Conduct were conceded, Mr. Catalano and the client were able to satisfy the Committee that the errors…

A preeminent Manhattan litigation firm, a leading Manhattan matrimonial attorney, a New York City legal services organization and over half a dozen other law firms in the Greater New York City area all have one thing in common: the claims against them were dismissed thanks to ‘ Legal Malpractice Defense Group. With one exception (a summary judgment win), all of…

secured the dismissal of all claims asserted against a New York City legal services organization which provides free legal assistance to low-income New Yorkers. A Brooklyn landlord asserted that the legal services organization aided and abetted tortious conduct by its client, a tenant in the landlord’s building. In a pre-answer motion to dismiss, established that the legal services organization did…

The United States Court of Appeals for the Second Circuit affirmed the dismissal of a class action lawsuit against ‘ client, a New York City law firm. The plaintiff alleged that ‘ client, in the course of representing property owners, violated the Fair Debt Collection Practices Act in communicating with tenants regarding rent arrears. Plaintiff alleged that the firm did…

‘ Legal Malpractice Defense Group capped off a successful four-week run with another victory: a pre-answer dismissal of all malpractice claims asserted against a Manhattan medical malpractice firm. The victory came on the heels of earlier successes on behalf of a preeminent Manhattan fashion industry attorney, a Nassau County matrimonial attorney, and an Easthampton litigation firm. In each case, secured…

successfully defended a preeminent fashion industry attorney and his Manhattan law firm from malpractice claims brought in the Supreme Court, New York County. The plaintiff sought over $2.75 million in damages based upon alleged malpractice in connection with the attorney’s drafting of a management services agreement involving a prominent clothier. moved to dismiss the action on several grounds, including statute…