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Legal Malpractice

: New York Attorney Malpractice Blog

Can Incorrect Explanation of the Contents of Documents be Legal Malpractice?

By (Andrew Lavoott Bluestone)

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The answer is yes, it can. in Kram Knarf, LLC v Djonovic ;2010 NY Slip Op 05464 ;Decided on June 22, 2010 ;Appellate Division, First Department we see the following explanation:

"Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we agree that the allegations that defendant attorneys negligently gave their plaintiff clients an incorrect explanation of the contents of legal documents in connection with a property acquisition sufficiently states a legal malpractice claim against them (see Arnav Indus., Inc. Retirement Trust v Brown, Raysman, Millstein, Felder & Steiner, 96 NY2d 300 [2001]; cf. Bishop v Maurer, 33 AD3d 497, 499-500 [2006], affd 9 NY3d 910 [2007]). The documents do not conclusively establish that defendants' explanation was correct, and thus do not constitute a defense based on "documentary evidence" (CPLR 3211[a][1])."

Full post as published by New York Attorney Malpractice Blog on June 28, 2010 (boomark / email).