Legal Malpractice

Third-Party Practice and Legal Malpractice

By (Andrew Lavoott Bluestone)

"Turnabout is fair play"  This childhood aphorism describes the third-party practice in a newly reported case, 601 Realty Corp. v. Conway Farrell, Curtin & Kelly PC, NY Slip Op. 33076, from Supreme Court, Nassau County.  The case arises from a lead paint case, and features Conway Farrell's attempt to third-party plaintiff''s personal attorney which fails.

During the trial, Conway Farrell was representing the landlords in a lead paint case.  They seemed to have worked out a stipulation which would have avoided apportionment of damages between the individuals and the Realty Corp, and limited it to the Corporation. The stipulation was never signed, and in retrospect, its form probably precluded its signing.

The stipulation called for the attorney, not the client to sign it, and in the stipulation there was a representation of no insurance.  Attorney says that he could not make such a representation, and that his client would not have wanted him to sign, anyway.

Conway Ferrell says that the failure to sign the stipulation was malpractice, and excuses them from liability.

The case cannot be uploaded to this site, so read it at its original NYS posting.

Full post as published by New York Attorney Malpractice Blog on November 25, 2008 (boomark / email).