Legal Malpractice

A Bad-good Result is not Legal Malpractice

By (Andrew Lavoott Bluestone)

Justice Gische, of Supreme Court, New York County has written a number of legal malpractice decisions over the years.  One recently decided  is Kleinser v Astarita  NY Slip Op 31675U.

Here, plaintiff was a trader and employee of Rockrimon Securities.  He was fired by them and sued.  The case was litigated before Justice Ramos.  At issue was whether he was a partner or an employee.  After a full litigation, Justice Ramos determined that he was an employee and reduced the claims to an accounting.  Plaintiff believed that he had a claim of $ 1 million.  The Court awarded $ 67,000.  Plaintiff appealed and lost.  This was the bad-good result.

In this legal malpractice case, issues turned on a statute of limitations issue.  When did the representation end?  Was it when plaintiff wrote to the attorneys and "I understand you will not continue with my case despite our earlier agreement that was affirmed.  Again, I do not believe you  'have completed our assignment'" or was it when the law firm finally returned the file?

The Court determined that representation ended with the letter, and that this case was untimely.

Full post as published by New York Attorney Malpractice Blog on July 14, 2010 (boomark / email).