ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal Malpractice Blogs -> New York Attorney Malpractice Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal Malpractice

: New York Attorney Malpractice Blog

Employment Discrimination and Legal Malpractice

By (Andrew Lavoott Bluestone)

ADVERTISEMENTS

Carboni v Ginsberg ; 02/02/2010 2010 NYSlipOp 30256(U) Maltese, J. is an illustration of how a potential legal malpractice case underlays almost all activity within the realm of attorney representation, which is to say, everything.

Here, the question is whether plaintiff lost his employment in a wrongful manner, and after that determination, whether he has sued the attorneys within the appropriate statute of limitations time.

In a meticulous, fact specific decision, Justice Maltese writes that under CPLR 3211(a)(1) "the movant is required to demonstrate that the `documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law.'"

In this case, defendant's documents were less than conclusive.  A stipulation did not end the question of whether a discharge from employment could still be litigated.  On the opposite side, there was inconclusive proofs of whether a named defendant continued to be an employee of the law firm on the date of the purported malpractice.

Lastly, defendants wanted to demonstrate that they did not yet represent plaintiff when his statute of limitations against the Transit Authority expired. 

Full post as published by New York Attorney Malpractice Blog on February 09, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0133 secs (new cache)