Legal Malpractice

A Case Continues in Legal Malpractice

By (Andrew Lavoott Bluestone)

In 601 Realty Corp. v Conway, Farrell, Curtin & Kelly, P.C. ;2010 NY Slip Op 05538 ;Decided on June 22, 2010 ;Appellate Division, Second Department we see the case continuing, with some rough edges removed.  Conway Farrell used to be a big legal malpractice defense firm, until it split off.  Now it is being defended by its former self.  Here, both sanctions and some discovery disputes have been resolved, and the case continues.
 

"Under the circumstances of this case, the conduct of the appellants after the Supreme Court declined to sign their order to show cause had a good faith basis and did not constitute frivolous conduct (see Dank v Sears Holding Mgt. Corp., 69 AD3d 557, 558; Yenom Corp. v 155 Wooster St. Inc., 33 AD3d 67, 70; Matter of Wecker v D'Ambrosio, 6 AD3d 452, 453). Accordingly, the Supreme Court erred in granting the plaintiffs' motion for an award of sanctions against the appellants. "
 

Full post as published by New York Attorney Malpractice Blog on June 29, 2010 (boomark / email).