Attorney Malpractice Claim Allowed Despite Absence of Attorney-Client Relationship

 It has long been recognized that there is an exception to the general rule that you cannot sue an attorney for malpractice if you were not his/her client. The exception is where the plaintiff claims "fraud, collusion, malicious acts or other special circumstances". AG capital Funding v State St., 5 NY3d 582 (2005). On December 23, 2019 a New York County Supreme Court Justice relied on this Court of Appeals decision to uphold a complaint of legal malpractice by a victim of a $1,320,000 scam involving the formation of a partnership and lease to operate a car dealership.

The plaintiff Yusupov agreed to invest $1,320,000 for an 80% share of the property and business along with Korchmar who would invest the other 20%. Both Yusupov and Korchmar retained separate attorneys. Yusupov claimed that he followed the instructions of Korchmar's attorney to wire $1,320,000 into an attorney's escrow account which turned out to be a business operating account controlled by Korchmar - who then stole the funds. Unfortunately, Yusupov couldn't sue Korchmar (presumably left town) and instead sued his attorney and Korchmar's attorney for legal malpractice and fraud. Korchmar's attorney has denied the charges of wrongdoing claiming email instructions on wiring funds warrant dismissal of the claims. Yusupov v Mekhtiyev Law Firm PC, 2019 WL 7370047

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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