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Legal Malpractice

: New York Attorney Malpractice Blog

It's Legal Malpractice Thrown in at the End

By (Andrew Lavoott Bluestone)

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Nelson v. Patterson, 2010 NY Slip Op 31799 [Justice Mdden in NY County Supreme Court] is a case about loans, employment contracts, fraud and, oh yes, legal malpractice.  After a discussion of breached employment contracts and the like, the court grants plaintiff's request to add a cause of action for quantum meruit.  "In general the existence of an express agreement ordinarily precludes recoery in quantum meruit.  However, where as her, a bona fide dispute as to the application of a contract is demonstrated, a plaintiff will not be required to elect his or her remedies."

Quantum meruit, breach of fiduciary duty and legal malpractice, all tied together, continue in this case.

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

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