Legal Malpractice

Famous Songwriter, the Pullman Financing and Legal Malpractice

By (Andrew Lavoott Bluestone)

Lamont Dozier, author of "Baby I need your Loving" [the Four Tops], "Baby Love", "Back in my Arms Again", "Come See about Me" [The Supremes] and many many others, got snagged in the Pullman financing scheme. the Pullman Bonds.  Before him, David Bowie was the recipient of the financing arrangement.

In LAMONT DOZIER, Plaintiff, - against - WILLKIE FARR & GALLAGHER LLP, DEUTSCHE BANK TRUST COMPANY AMERICAS ;  09 Civ. 9865 (LMM); UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2010 U.S. Dist. LEXIS 42321; April 26, 2010, Decided  we see a simple discussion of amendment of pleadings.

The motion for leave to amend is denied, first, because it contravenes the November 9, 2009 stipulation and, second, because amendment as to Willkie (against whom, alone, the new claim is asserted) would be futile as time-barred.

The proposed second amended complaint identifies and describes the transaction which is (as alleged in the new fourth claim against Willkie. (Proposed Second Am. Compl. P 37) "the subject matter of this litigation," as follows:
In or about June 2, 1998, Defendant Willkie represented Dozier in a securitized transaction (the "Transaction") entered into by Dozier with entities and individuals identified as David Pullman (hereinafter "Pullman") and Fahnestock & Company (hereinafter "Fahnestock") wherein the Transaction was to provide revenue to Dozier through the securitization of his future stream of music, entertainment and intellectual property royalties.
(Id. P 8.)

"An action to recover damages arising from an attorney's malpractice must be commenced within three years from accrual." McCoy v. Feinman, 99 N.Y.2d 295, 301, 785 N.E.2d 714, 755 N.Y.S.2d 693 (2002) (citing N.Y.C.P.L.R. § 214(6) ) . "An action [*4] to recover damages for legal malpractice accrues when the malpractice is committed." Shumsky v. Eisenstein, 96 N.Y.2d 164, 166, 750 N.E.2d 67, 726 N.Y.S.2d 365 (2001) (citation omitted). More than three years has, plainly, passed since the 1998 malpractice alleged by plaintiff.
 

Full post as published by New York Attorney Malpractice Blog on May 04, 2010 (boomark / email).