Negligent Attorney Passes Off All Blame to Successor Attorney

Two days ago, the Appellate Division reversed a Manhattan Judge and dismissed a legal malpractice case against an attorney who sued the wrong party causing the dismissal of a personal injury case. The Niemark law firm was first attorney hired by a man who was injured at a public school in New York City. The only proper party to sue is the owner and operator of the premises which in this case is the New York City Department of Education (DOE) --not the City of New York. These are distinct legal entities and neither one is responsible for the other. Months before the deadline expired to file a motion for leave to serve a late Notice of Claim (1 year and 90 days) against the DOE, the Budin law firm replaced the Niemark law firm. Months after the deadline to sue had expired the Budin law firm recognized the error both firms had made and filed the requisite motion which was denied for being late. The client lost his chance to have his case tried before a jury and sued both law firms.

Both law firms filed motions to dismiss the legal malpractice lawsuit and Judge Bannon denied the motions. On appeal the Appellate Court reversed Judge Bannon in part and dismissed the case against the first law firm (Niemark) holding: "This substitution of counsel was a superseding and intervening act that severed any potential liability for legal malpractice on the part of the Niemark defendants...." Liporace v Niemark, 2018 WL 326274. Obviously, the second law firm had an opportunity to correct the error made by the first law firm and failed to do so before it was too late.

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