Intentional Deceit By Attorney Not Enough For Judiciary Law 487 Claim-Must Show Proximate Cause

On July 26, 2018, the appellate court for Bronx Supreme Court actions agreed that the dismissal of a claim for a violation of Judiciary Law 487 was proper. This section of the law allows client's to recover treble damages against attorney's (in limited circumstances) who engage in intentional deceit which directly causes the client a financial loss. The matter involved a legal malpractice action against a law firm arising out of a medical malpractice action that had been dismissed because the lawyer failed to comply with three discovery orders. There was no ruling on the client's negligence or legal malpractice claim--only the claim for intentional misconduct by an attorney, based on Judiciary Law 487.

The client's claim was allegedly founded on "email communications from defendants to plaintiff falsely assuring him that his medical malpractice case was still active when, in fact, it had been dismissed", due to the attorney's failure to comply with multiple court orders requiring disclosure of medical record authorizations and medical reports. The Judiciary Law claim was dismissed as speculative because even if the client knew his case had been dismissed in a timely manner there is insufficient proof he would have been able to vacate the dismissal and restore his case to be heard on the merits. Jean v Chinitz, 2018 WL 3578719

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!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top