Legal Malpractice

International Legal Malpractice Litigation and Motion Practice

By (Andrew Lavoott Bluestone)

Plaintiff is a Czech national, married to a US citizen.  Matrimonial litigation takes place here in NY, and an allegation is made that the husband fraudulently denied the existence of a child, avoided child support issues, and in general, lied.  Plaintiff, wife, had several attorneys, and alleges that she was shuttled between attorneys, one hiring the next for her.  How do the motions to dismiss play out?

Koch v Sheresky, Aronson & Mayefsky LLP , decided by Justice Goodman in Supreme Court, New York County, sets forth the rules and decides the case based upon those rules.  She determines the difference in litigation between suing your attorney [in legal malpractice terms] and suing your husband's attorney [in fraud terms.]

The Court also discusses redundancy of Judiciary law section 487 and the more general malpractice and fraud claims.  Does dismissal of one defendant's case require dismissal of other defendants' cases under "the law of the case"?  In this situation, no.

Justice Goodman quotes Peo. v. Evans 94 NY2d 499 (2000) for the holding that law of the case "does not contemplate that every trial ruling is binding on retrial: and that "distinctions must be made."

Full post as published by New York Attorney Malpractice Blog on May 27, 2010 (boomark / email).