Law Firm Claimed to Have Delayed Evictions-Potentially Liable For Delay Damages

On May 16, 2018, the appellate court covering Kings County overturned a lower court Judge who had dismissed a legal malpractice claim as being too speculative. In a nutshell, the client building owner hired a law firm to evict residential tenants on four floors. The law firm successfully vacated all tenants on 3 of 4 floors thru motions or settlement over the course of 2-3 years. Claiming that the law firm unreasonably delayed the evictions proceedings, the client sued the law firm for $500,000 in lost rental income. The law firm initially was successful in dismissing this claim as too speculative. The appellate court ruling will allow a jury trial to decide this claim.

The appellate court explained that the courts have long allowed delay damages claims to be heard by a jury. There are three elements necessary to properly allege a delay damage claim in a legal malpractice case: 1) the client must show that the lawyer was responsible for the delay; 2) that the client suffered damages as a result of the delay; and, 3)"provide a rational basis for the court to estimate those damages, although obviously a precise measure is neither possible nor required". Iannucci v Kucker, 2018 NY Slip Op 03514

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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