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Legal Malpractice

: New York Attorney Malpractice Blog

Again, Not Legal Malpractice and Not Defamation

By (Andrew Lavoott Bluestone)

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This is the same heading, but relates to a totally different set of circumstances. Is an attorney/law firm united in interest with its former client, when the former client is sued, but the attorney is not? May plaintiff [or a third-party plaintiff] rely upon the relation-back principal in order to bring in the attorneys late in the case? We see a well reasoned opinion of Justice Warshawsky in the matter of Arbor Secured Funding v. Just Assets NY 1, in which the answer, as far as Davidoff, Maliito & Hutcher LLP is concerned. We cannot import the actual text, but the court found that a statute of limitations in defamation might related back to a claim "previously asserted against a codefendant for statute of limitations purposes where the two defendants are `united in interest.' The proponent must show that both claims arose from "the same conduct, transaction or occurrence, that the new defendant is united in interest with the original defendant..."

Full post as published by New York Attorney Malpractice Blog on December 31, 1969 (boomark / email).