Sophisticated Defense Strategies For New York Trial And Appellate Matters
The Appellate Division for the Second Judicial Department has affirmed the dismissal of a legal malpractice action against ‘ client. The Court agreed with ‘ argument that the claim against the attorney and his firm was properly dismissed by the trial court on the grounds that the plaintiff could not prove causation. Specifically, the Court held that the plaintiff failed…
Partner Matthew Flanagan obtained a defense verdict on behalf of a New York City law firm and two of its lawyers after a jury trial in Nassau County. The law firm and its lawyers were accused of committing legal malpractice and violating Judiciary Law § 487 while representing the plaintiff in an underlying litigation. The jury unanimously found that the…
The Appellate Division for the Second Judicial Department has affirmed the dismissal of a legal malpractice action against ‘ client. The Court agreed with ‘ argument that the claim against the attorney and his firm was barred by the statute of limitations, and that the plaintiff’s claims of continuous representation were insufficient to overcome the statute. The case was handled…
The latest edition of the New York State Bar Association Journal features an article by partner Matthew Flanagan, whose practice is devoted to the defense of legal malpractice actions and attorney liability matters. The article discusses options for attorneys to transfer abandoned funds from their escrow accounts while at the same time avoiding liability to former clients and third parties.…
has secured the appellate dismissal of a contentious legal malpractice action asserted against its clients following the conclusion of a matrimonial proceeding. After the trial resulted in a judgment of divorce in the underlying action, plaintiff commenced a lawsuit against ‘ clients asserting, among other things, that ‘ clients committed legal malpractice in failing to introduce sufficient evidence of plaintiff’s…
In an action alleging legal malpractice, tortious interference with contract, fraud and negligent misrepresentation, obtained summary judgment in favor of its client, the seller’s attorney in a disputed real estate transaction. Plaintiffs unsuccessfully sought to conclude the transaction, and subsequently claimed that ‘ client had tortiously interfered with their contract. The Kings County Supreme Court agreed with ‘ arguments that…
Relying on the Grace v. Law standard established by the Court of Appeals, has secured the dismissal of legal malpractice claims asserted against its client in a Supreme Court, Kings County action. ‘ client represented the plaintiff in a matrimonial action. The judge presiding over the matrimonial action issued a decision which was unfavorable to the plaintiff, and the plaintiff…
In an action for legal malpractice and breach of fiduciary duty, ‘ client was the real estate attorney for a co-defendant in the purchase and subsequent sale of a property. As part of the initial purchase, the co-defendant obtained a loan from the plaintiff, a real estate lender. Unbeknownst to ‘ client, following the initial purchase of the property, the…
Partners Ralph Catalano, Gary Petropoulos, and Matt Flanagan presented the 2017 Legal Malpractice Update CLE Seminar at the Nassau County Bar Association on February 1, 2017. The program addressed winning formulas for defending legal malpractice actions; the implementation of practices designed to avoid malpractice claims; and case law developments and statutory requirements under lawyers’ professional liability insurance policies.