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Super Lawyers: 10th year for Richard Klass
Dismissed legal malpractice action based on jurisdictional grounds
The court reminded parties of the importance of submitting affidavits on motions
An allegation of attorney deceit on the court or a party
In New York, violations of the Rules of Professional Conduct, do not, absent more, provide a basis for a legal malpractice claim
Court modified lower court’s ruling on summary judgment
Court granted the lawyer’s counterclaim for fees
The court affirmed the motion to dismiss the client’s claims.
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7)…
Court dealt with Judiciary Law Section 487.
Court should have accepted the plaintiff’s allegations in the complaint as true.
Catch Me If You Can: The importance of an up-to-date address for Service of Process.
“palpably insufficient or patently without merit”
Acts outside the scope of retention
The court dealt with Judiciary Law Section 487.
The defendant established, prima facie, that he was not a proximate cause of the plaintiff’s alleged damages.
…plaintiff must show that he or she would have prevailed…
Independent causes of action for sanctions?
The statements in the complaint must be “sufficiently particular…”
The court dealt with the claim of attorney’s deceit.
Plaintiff having to prove an attorney-client relationship
Statute of limitations began to run when the client demanded and received her file.
Partnership Law Section 26 (b) and (c
Court dealt with the issue re strategic decisions taken by the attorney
Who’s to Say Who’s an Expert? …Expert witness cannot usurp the role of the judge…
Extension of time to respond to discovery demands
Harm caused by professional negligence
No single statute of limitations for causes of action alleging breach of fiduciary duty
Dismissal of action on statute of limitations grounds
Act like Audrey. Dress like Jackie. Party like Gatsby. LawCURRENTS Winter 2023
The court discussed the issue re “near privity” concerning the attorney/client relationship
…negligent in not objecting to the judgment debtor’s bankruptcy proceeding…
Richard A. Klass Selected for the Seventh Time for the New York Metro Super Lawyers List
Plaintiffs failed to meet their shifted burden.
Sometimes, Litigation Is Like Playing Whac-A-Mole®
Plaintiff failed to allege that “but for” defendant’s negligent conduct, he would have prevailed.
A good reminder about complying with discovery demands in litigation
Conclusory allegations of damages or injuries predicated on speculation cannot suffice for a malpractice action.
Defendants did not act in their capacities as attorneys when they allegedly made deceitful statements.
An attorney may not be held liable for failing to act outside the scope of a retainer
Court reiterated the rule regarding the continuous representation doctrine.
[Don’t] Play It Again, Sam
The court retains the discretion to accept late opposition papers.
Account stated cause of action was partially granted in the attorney’s favor.
“Damages in a legal malpractice case are designed to make the injured client whole…”
Documents submitted by the defendants do not utterly refute the factual allegations.
Plaintiff, who sued individually and in his capacity as a board member of a corporation, lacks standing.
Legal malpractice context…continuous representation doctrine…generally limited to…a specific legal matter…
False Hopes, more dangerous than fears: default, action and modification of a Promissory Note
Court held that there were questions of fact regarding the continuous representation toll.
Failed to submit evidence establishing, prima facie, the absence of at least one essential element of the legal malpractice cause of action.
Court denied dismissal of the client’s legal malpractice claim based on the statute of limitations.
An attorney-client relationship may exist even if there’s no written retainer agreement.
Richard A. Klass Selected for the Sixth Time for the New York Metro Super Lawyers List
Out of State, Out of Mind: The partial demise of the “Separate Entity” rule?
Question as to standing, sufficient to justify denial of the motion to dismiss this legal malpractice case.
On a motion for summary judgment, movant must show that there are no triable issues of fact.
Court stayed the client’s action for legal malpractice pending arbitration.
Plaintiff/client failed to plead factual allegations sufficient to show the claims were not merely speculative and conclusory.
Reminder to Attorneys: explicitly confirm when representation of the client has terminated.
[Her] deposition testimony in the underlying case was contrary to her opposition to the law firm’s motion for summary judgment.
Caveat Emptor: “All Houses Wherein Men Have Lived and Died Are Haunted Houses.”
Non-arbitrable issue inextricably intertwined with an arbitrable issue
Continuous Representation Doctrine
Establishing a cause of action under Judiciary Law Section 487 can be difficult.
Plaintiffs could not show that the continuous representation toll applied.
Court relied on an order as documentary evidence.
re Article 16 joint tortfeasors
Ejectment of Boxing Gym: Throw in the Towel!
Only certain documentary evidence can qualify for dismissal of an action.
Continuous representation doctrine toll only applies to the particular matter.
Statute of limitations: Court dismissed client’s legal malpractice action.
A motion to dismiss based upon documentary evidence should be conclusive.
Party bringing a lawsuit must be prepared to produce discovery responses in a timely fashion.
A client must be cognizant of the strict bar under the statute of limitations for suing his attorney.
Joint Venture Agreements – I would do anything for [my partners] but I won’t do that…
Attorney retainer agreement should state matters for which the attorney is NOT retained.
Complaint failed to adequately allege actual, ascertainable damages.
Rehabilitation Center: Arguing with a nursing home administrator is like wrestling with a pig in the mud: After a few minutes, you realize the pig likes it.
Retainer agreements should set forth scope of lawyer’s representation.
Statute of limitations and doctrine of continuous representation.
Dude, Where’s My Lawyer?: attorney illness
Attorney not liable to client for testimony of a witness at a deposition
Liable for failing to take actions outside the scope of representation?
Breach of contract action against an attorney
Plaintiffs’ Judiciary Law Section 487 cause of action was properly dismissed.
The meaning and coverage of a general release depends on the controversy being settled.
Statute of limitations tolled by reason of disability or insanity?
Sanctions against attorneys for failing to notify the court that an appeal has been withdrawn
Brandeis Society hosts annual luncheon for Chanukah
Client may claim that the statute of limitations for legal malpractice has not been triggered
Legal malpractice action dismissed based upon doctrines of res judicata and collateral estoppel
…issue of collateral estoppel concerning a matter previously litigated…
Richard A. Klass Selected for the Fifth Time for the New York Metro Super Lawyers List
Entry of judgment: You Snooze, You Lose!
Once someone has sued …and the case is dismissed…
Doctrine of judicial estoppel in the context of legal malpractice actions
Where former client sues for legal malpractice but previously filed for bankruptcy
If attorney has violated a disciplinary rule…
…the client must prove that he sustained damages….
Sometimes, a lawsuit is dismissed based upon the concept of claim preclusion…
“Slow Down, You Move Too Fast”
Legal malpractice case could not proceed since damages claim was speculative.
Court denied the law firm’s motion to dismiss
Duplicative causes of action against an attorney
…Court held that collateral estoppel (issue preclusion) barred a legal malpractice action
It is important for a retainer agreement…
Standard on deciding motions to dismiss
Critical to a legal malpractice action that the plaintiff prove the “ case within a case ”
If there has been a demonstration that the attorney-client relationship in a matter ceased…
Client cannot prove damages occurred due to attorney’s malpractice
Be mindful of New York’s statute of limitations pertaining to legal malpractice actions
Defendant moving to dismiss an action must prove the merits of its case
Outlining the scope of an attorney’s retainer agreement is important.
Appellate court reversed the court order dismissing the action on the law firm’s motion to dismiss.
…client’s allegations were previously addressed in a prior matter.
Statute of Limitations for Causes of Action Alleging Legal Malpractice
License to Enter and RPAPL 881: New Booklet by Richard A. Klass
Intent to deceive and Judiciary Law Section 487
Client alleged attorney failed to provide legal advice … immigration consequences
Second Department reiterated general rule on a pre-answer motion to dismiss that letters and emails are generally not considered documentary evidence within the meaning of CPLR 3211(a)(1)
…plaintiff could not establish liability because he could not prove the underlying action.
Judiciary Law Section 487.
A party must be mindful of the applicable statute of limitations
On a motion pursuant to CPLR 3211(a)(7) to dismiss for failure to state a cause of action…
With limited exceptions, party seeking to sue an attorney for legal malpractice must prove he was a client.
…Applicable to the particular matter in which malpractice is claimed
Issue of fact concerning the continuous representation doctrine
Client dissatisfaction with lawyer’s strategy doesn’t mean he can sue his lawyer for legal malpractice.
Important for parties in litigation to appear before court on all conferences and motion hearing dates
Evidence rebutted the malpractice claim
Underlying claim based upon speculation and could not be sustained
Dismissal of a legal malpractice action based upon documentary evidence
Alleged damages must be alleged with certainty
Plaintiff must establish elements of proximate cause
Plaintiff claimed attorney malpracticed with regard to a settlement
If attorney regularly invoices client and client doesn’t object, then court assumes “ account stated. ”
Client claims settlement was not in his interest.
For dismissal of action, attorney must definitively lay out the defense to every element of the cause of action.
Court can sometimes hold attorney who brings “frivolous” causes of action liable for sanctions
Issue: whether an attorney “continuously represented” his client.
Client stated valid cause of action
Evidence provided by defendant-law firm…failed to conclusively establish its defense
Law firm…was not the proximate cause of any alleged legal malpractice.
Complaint for legal malpractice brought by a former client
Valid cause of action
The Rent Is Too Damn High
Appointment to Grievance Committee: Richard Klass
Ninth Incarnation of Trade Brooklyn Largest Ever
Enforcing Judgments Against Bank Accounts Held Outside N.Y.
A Man’s House is (Not Always) His Castle
Tender of Payment
Debt Collection Tips: Motions to Dismiss Affirmative Defenses or Counterclaims
New York foreclosure cases nearing 6 year statute of limitations
Essential Components of a Last Will and Testament
A Man’s Home is his Castle (and Notice of Pendency, an overview)
Debt Collection Tips: Restraining an Account
Statute of Limitations for Legal Malpractice Action
What the Seller of a Cooperative Apartment Should Know
Debt Collection Tips: Docketing the Judgment
The benefits of filing a Chapter 13 bankruptcy
A Day Late and a Dollar Short
Difference of Opinion regarding Mandatory Attorney Fee Dispute Arbitration
Cause of Action for Interference with Contract
Statute Of Limitations For Actions Against Public Authority
An attorney maintains a common law and statutory charging lien in the judgment
The Result when a Foreclosing Mortgagee Fails to Comply with RPAPL Section 1304
Defendants in Mortgage Foreclosure Cases May Recover Their Attorney’s Fees and Expenses under Real Property Law Section 282
New York State Court of Appeals adopts “likely to succeed” standard in legal malpractice cases
Commercial tenants/Sublessors are responsible entities under the Labor Law
Klass in the News: Yoko Ono’s publicist sues Eataly for $20M after bouncer ‘beatdown’
Bankruptcy: an overview
Repairs are a covered activity under the Labor Law
Klass in the News: Eataly sued by Yoko Ono’s public relations agent, who restaurant rep says was ‘visibly intoxicated’
Pay the Worker on the Day He (or She) Works
Liability for not having safety devices
Klass in the News: Malpractice Rulings Extend NYC Lawyers’ Ties To Old Clients
Debt Collection Tips: Docketing a Judgment Lien
Getting Your Money: obtaining abandoned property
Debt Collection Tips: Executions
The Importance of Saving Proof of Payment
Debt Collection Tips: Issuance of the Summons in a Collection Case
Klass in the News: Yoko Ono Publicist Kip Kouri Injured at NYC Restaurant, Alleges Homophobic Harassment
Lawyer Misses the Bus (a $300,000 tale of woe)
Klass presents award to Lew Tesser for service to the New York State Bar Association
Debt Collection Tips: The necessity of obtaining the debtor’s identifying information
Probate/Administration: a guide to probate or administration proceedings in New York State.
Debt Collection Tips: identify the proper party.
Buying Your House Does Not Have to Be a Hassle
Debt Collection Tips: Suing the proper corporate entity
Relevant case law pertaining to the Exempt Income Protection Act (EIPA)
Buying a Cooperative Apartment: tips for the prospective owner
Exempt Assets: ” Wild Card ” (Or How Mad Max Got to Keep His Camaro!)
Lenders “Livin’ la Vida Loca” till HETPA Ended The Fiesta
Good Guy Guaranty and Surrender Dates
Abandonment under the Estates Powers and Trusts Law (“EPTL”)
Stone Cold
Anticipatory Repudiation
The “Merger” clause
Seller has no duty to disclose: New York
Doctrine of caveat emptor: New York law…
The Producer: overselling available interests
Surprise!
What do you do if you are sued for a credit card debt?
529 Plans in Bankruptcy
Buyer’s Remedies when Seller Will Not Convey Real Property
Requirement of Stating License Information in a Complaint Against a Consumer
“Then I’ll huff and I’ll puff, and I’ll blow your house in!”
Analysis of Exempt Income Protection Act
Right to Surplus Moneys
Saved from the Auction Block
Constructive Fraud
Affidavit of Service Is Primary Proof
Consolidation of Actions
Plaintiff Has Stated Valid Causes of Action Sufficient to Withstand Defendants’ Motion to Dismiss Action
Punitive Damages Are Not Recoverable for Ordinary Breach of Contract
Standard for Injunctive Relief
Not so fast. Lawyer Can’t Be Displaced by Client without Court Order.
Summary Judgment Motion Should Be Denied When There Are Material Issues of Fact
Defendant’s Statements Constitute Defamatory Statements of and Concerning Plaintiff
The Legal Standard on a Motion to Dismiss
Continuing Wrongs Doctrine and the Statute of Limitations
Ownership of Property among Two Sets of Spouses
The Defense of Equitable Estoppel
Summary Judgment Denied When Discovery Pending
The Directors of a Corporation Owe a Fiduciary Duty to Their Shareholders
Requirements under Truth in Lending Act
An Extra $1,500,000 for the Aged
Seminar: Mortgage Foreclosure: Process, Defenses and Options
When Do Two Feet Matter? When $16,728,000 Rides on It!
Home! Sweet Home!
Force ‘Em to Sell! The Right to Specific Performance
Court Upholds 25-Year Lease at Fixed $800 Rent
Seward Park apartment for $33K: “Too Good to be True”
Seward Park co-op board voids sale of one-bedroom that went at auction for $329G
Feeling a Million Bucks Better!
Who Are You and Why Are You Suing Me?! The Debt Buyer Phenomenon.
Seminar Announcement: “Nuts and Bolts of Collection Law”
Don’t Give Me a Black Russian!
Making Sure the Guarantor is a “Good Guy.”
$401,452.59 Surplus Moneys: The Extra Bit Left Over!
Announcement: Distinguished Service Award for Richard A. Klass
Amendment to Bankruptcy Petition Worth Millions!
$73K Buys $200,000 House, Thanks to Debtor’s “Hat Trick” Screw-up.
How the “ Continuous Representation ” Doctrine Helps Injured Clients.
“Busting” the Trust!
Notice to Admit: The Power of a Piece of Paper
A New Way to Award Attorney’s Fees
Getting it Done: The Importance of Entering Timely Defaults
The (Property) Bonds of Matrimony That Can’t Be Broken
The Wrong Side of the Tracks Costs Law Firm $800,000.
Emergency and Expedited Legal Services
What Is a “Traverse” Hearing and Why Is It Important
Obtaining Leave of Court to Submit Evidence in Reply Papers for ‘Good Cause Shown’
Striking the Affirmative Defense of Statute of Limitations in a Legal Malpractice Action
Asking the Court to Grant Partition and Sale of Jointly-Owned Property
Plaintiffs Should Be Permitted to Amend the Complaint Pursuant to CPLR 3025
Knocking Out Defenses Means They Don’t Get Up!
Honors and Appointments
Bringing an Action for Specific Performance of a Real Estate Contract of Sale
Announcing a Special Public Seminar on Bankruptcy
The Significance of “ECF” [Electronic Case Filing] in the Courts
New Property Registration System Helps New York City Owners
The $1.2 Million Shopping Disaster
The Importance of Saving Proof of Payment.
The Sale of New York City Tax Liens at Auction

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