Legal Malpractice

An Unexpected Recovery and Legal Malpractice

By (Andrew Lavoott Bluestone)

Defendant hired plaintiff to represent him in a Federal Court law suit over NYC placard holders parking on sidewalks and curbs in front of his commercial establishments, depriving defendant of use of his properties.  He retained plaintiff who started the Federal law suit, and was attorney until a settlement conference.  Defendant's story is that he was so taken aback by the negligence of plaintiff, that he settled the case for $ 2,125,000 against the City.

We are amazed that the case settled at all, but confess not to have seen anything by Justice Gische's decision in Bellinson Law LLC. v. Iannucci.  Justice Gische found enough in the motion to deny the attorney's dismissal request.  While the decision does not discuss the shortcomings in any sort of detail, it does give a good blackletter recitation of the standard for a motion to dismiss.

Defendant was required to place the sum of $ 376,000 in escrow pending the outcome of the case.

Full post as published by New York Attorney Malpractice Blog on August 04, 2009 (boomark / email).