Legal Malpractice

Battling Narratives in Legal Malpractice Case

By (Andrew Lavoott Bluestone)

This story of a likely ponzi scheme in the investments field took place between family members.  Plaintiff gave his in-law $ 295,000 to invest.  When he became troubled by the lack of documentation, he demanded his money back.  A transfer of $ 250,000 (he took a real loss) came to him.  Trouble came with the transfer, however.

Shortly thereafter, a stranger came to him and told him that the transfer was taken out of his account, and that he wanted the money back.  Plaintiff calls in-law who says that everything will be taken care of.  6 years goes by, and suddenly stranger sues plaintiff, and wins.

Plaintiff then turns to his attorney, and asks, why didn't you sue my in-law?  Litigation ensues and motions for summary judgment are made and decided in Lovino, Inc. v Lavallee Law Offices
2010 NY Slip Op 33046(U);Supreme Court, Nassau County;Judge: Thomas Feinman who determined that there continued to be questions of fact.  Plaintiff says that he told the attorneys to sue the in-law.  The attorneys say that plaintiff told them to hold off suing the in-law until he finally changed his mind 5 days prior to trial.
 

"Thus where the existence of an issue of fact is even arguable or debatable, summary judgment should be denied.  Stone v. Goodson, 200 NYS2d 627."

Full post as published by New York Attorney Malpractice Blog on November 04, 2010 (boomark / email).