Two Appellate Rulings On Legal Malpractice Involving Real Estate Closings

The Appellate Division, Second Department issued two rulings this month arising out of motions to dismiss legal malpractice claims: one case from Rockland County favorable for attorneys and the other from Brooklyn favoring clients. In the Rockland County case the plaintiff claimed that they retained the attorney to represent them on the closing of a loan in 2009. The alleged malpractice was in failing to negotiate security from the buyer in the form of a mortgage. The legal malpractice suit was filed more than three years after the closing. The Appellate Court agreed that despite ongoing communications between the attorney and client after the closing - the continuous representation toll only applies "where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim". The case was dismissed as time barred by the statute of limitations. Scalfani v Kahn, 2019 WL 575614

In the second case a law firm was sued by the purchaser of a condominium in Brooklyn which had an illegal second level. The Appellate Court held that the plaintiff raised a triable issue of fact in alleging the attorney was negligent for failing to advise the client, prior to purchase, that there was no certificate of occupancy for the second level and that the condo offering plan did not authorize it either. Though the law firm could argue that the client knew or should have known of an illegal 8th floor---they will have to tell it to a jury. Bakcheve v Law Offices of Stein & Associates, 2019 WL 454458

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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