Deadline To File Suit Under Attorney Deceit Statute-Judiciary Law 487-Can Be Shortened From 6 To 3 Years

On August 9, 2023, a New York State appeals court covering lawsuits in Brooklyn described how the statute of limitations (deadline) for filing claims against attorney's for fraud or deceit can be shortened to 3 years. In an action against an attorney for deceitful conduct under Judiciary Law Section 487, a successful plaintiff may recover treble damages (Yes-3x your actual losses). Claims under this statute are subject to a 6 year statute of limitations. Violation of Judiciary Law 487 requires an intent to deceive, whereas a legal malpractice is based on negligent conduct. Legal malpractice claims are subject to a 3 year statute of limitations. However, if you combine a Judiciary Law 487 claim with a legal malpractice cause of action that is "premised on the same facts as the legal malpractice cause of action and does not allege distinct damages-both causes of action will be governed by a 3 year statute of limitations.

The plaintiff sued his attorney claiming that he mishandled a motor vehicle accident personal injury claim by waiving his right to a jury trial, concealing that failure, and neglecting to submit medical evidence at the bench trial which resulted in a defense verdict. Unfortunately for the plaintiff, his lawsuit was filed six weeks after the 3 year legal malpractice statute of limitations had expired and both causes of action (attorney deceit-attorney negligence) were based on the same facts. Accordingly, both causes of action were found to be properly dismissed by the lower court. Catsiapis v Pardalis & Nohavicka,LLP, 2023 NY Slip Op 04185

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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