Legal Malpractice Complaint Cut In Half

On July 31, 2019, a client suing an attorney for two different complaints of malpractice, lost one claim and the other survived to be scheduled for a jury trial. It was claimed that the attorney was negligent "during proceedings arising from plaintiff's operation of a biofuel business". The lower court found that this claim was premised on speculative damages and dismissed the claim. On appeal the appellate court noted that no proper determination could be made since plaintiff's legal malpractice attorney neglected to submit an experts report attesting to the alleged consequential damages. The dismissal of that claim was affirmed.

The other claim involved an alleged failure to timely file objections to a proposed accounting in an estate litigation. The attorney had successfully raised a statute of limitations defense but the issue was whether the continuous representation doctrine had tolled the statute. The three year deadline began to run on the last date on which the objections should have been filed and this suit was filed more than three years after that date. To successfully rely on the continuous representation doctrine to extend the time to file suit there must be "clear indicia of an ongoing continuous, developing, and dependent relationship...which often includes an attempt by the attorney to rectify an alleged act of malpractice." Here the attorney made "several unsuccessful attempts to file objections within the weeks after the deadline...." which may have rendered the action timely.  As such the appellate court directed the lower court to hold a hearing on the alleged "unsuccessful attempts to file objections". Leeder v Antonucci, 2019 WL 3438304 

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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