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Law Firm Loses Motion To Dismiss Statutory Claim Of Deceptive Acts & Practices

On February 20, 2019, the appellate court hearing appeals from Nassau County agreed that a jury should decide whether a law firm had engaged in a widespread fraudulent marketing campaign aimed at the Hispanic community on Long Island. The plaintiff who was a struggling homeowner with an unaffordable mortgage obligation, retained the Hempstead based Donado Law Firm which heavily advertised their ability to renegotiate and reduce mortgage payments. The plaintiff was allegedly told to stop making mortgage payments as the lender would not reduce payments if they were current. The plaintiff was required to pay up front fees of $5000 and $695 monthly to the law firm.

The plaintiff claimed the law firm negligently advised that he could not renegotiate a mortgage until he defaulted. It was also claimed the law firm sat on their matter until their lender filed forclosure proceedings six months after retention. Plaintiff alleged that the attorneys never returned phone calls and just continued to demand further payments. In essence, the plaintiff claimed, as several other financially distressed homeowners claimed, to be a victim of a foreclosure rescue scam.

The plaintiff incurred substantial penalties and costs for defaulting on the mortgage.The Court held that a violation of General Business Law Section 349 was properly pleaded because “in contrast to a private contract dispute, the practices alleged by the plaintiffs were not unique to these parties and involved an extensive marketing scheme that had a broader impact on consumers at large.” The Court held that the plaintiff had also properly pleaded claims of fraud and legal malpractice. Ramirez v Donado Law Firm, 2019 N.Y. Slip Op. 01244

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 of 2011" and "Top New York Settlements of 2012." 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 is 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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