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Legal Malpractice
: New York Attorney Malpractice BlogA Side Trip Throught Bankruptcy, Factoring and Legal Malpractice
By (Andrew Lavoott Bluestone)
The rapid transferring back and forth of rights and liabilities, through assignments, factoring and bankruptcy is highlighted in Maggioni v Clyde Meredith Schaefer, Esq., NY SlipOp 32544 [Sup.Ct. New York County, Wooten. J]
Apparently IFT International Inc. was a worthwhile football. It and its assets bounced back and forth between Bankruptcy Court and Supreme Court, with liens coming and going. In the end, the president seems to have arranged to obtain its assets, only to be thwarted by outside creditors. Later, he purchased assets at a bankruptcy sale. The effect?
Justice Wooten found that there was continuous representation through the back and forth and that plaintiff, as president, had sufficient connection with the company and its assets to avoid dismissal under CPLR 3211.
Full post as published by New York Attorney Malpractice Blog on September 23, 2010 (boomark / email).
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