On September 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Pizzarotti, LLC v. FPG Maiden Lane, LLC, 2019 NY Slip Op. 32645(U), holding that an initial consultation with a law firm was insufficient to justify that firm’s later disqualification on conflict grounds, explaining: To be represented by counsel... Read more »
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Posts Categorized: Law Firms and Professional Ethics
Law Firm Disqualified; Its Prior Representation of Opposing Party Was Substantially-Related to Current Dispute
On July 12, 2019, Justice Borrok of the New York County Commercial Division issued a decision in NL Brand Holdings LLC v. Lepore, 2019 NY Slip Op. 32147(U), disqualifying a law firm because its prior representation of an opposing party was substantially-related to the current dispute, explaining: In order to disqualify an adversary’s attorney, the... Read more »
Allegations That Complaint is Based on False Statement Basis for Judiciary Law Counterclaim
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Gerard Fox Law, P.C. v. Vortex Group, LLC, 2019 NY Slip Op. 32065(U), holding that allegations that a complaint was based on false allegations of fact are a sufficient basis for a Judiciary Law claim, explaining: To state... Read more »
Client Can Seek to Recoup Fees Paid to Counsel that had an Alleged Conflict of Interest
On June 19, 2019, the Second Department issued a decision in Baugher v. Cullen & Dykman, LLP, 2019 NY Slip Op. 04904, holding that a client could assert a claim to recoup fees paid to counsel that had an alleged conflict of interest, explaining: An attorney who violates a disciplinary rule may be discharged for... Read more »
Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy
On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Selendy v. Quinn Emanuel Urquhart & Sullivan, LLP, 2019 NY Slip Op. 29119, holding that an arbitrator, not the court, should decide whether a contract provision was unenforceable as a matter of New York public policy, explaining: When determining... Read more »
Partnership Tax Returns Were Not Dispositive Evidence of Plaintiff’s Status as a Partner
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Barrison v. D’Amato and Lynch, LLP, 2019 NY Slip Op. 30905(U), holdiong that partnership tax returns were not dispositive evidence of a plaintiff’s status as a partner, explaining: Whether partnership status is enjoyed turns on various factors, including sharing... Read more »
Lack of Retainer Agreement Does Not Bar Counsel from Recovering For Work on Account Stated Theory
On March 12, 2019, the First Department issued a decision in Carling v. Peters, 2019 NY Slip Op. 01713, holding that the lack of a signed retainer letter does not bar counsel from recovering for work on an account stated theory, explaining: [Defendant] claims she could not have paid him due to the absence of a... Read more »
A Lawyer’s Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Cheyne Specialty Fin. Fund L.P., 2019 NY Slip Op. 01124, holding that a lawyer’s failure to have an office in New York does not render void actions filed by that lawyer, explaining: An attorney who is regularly admitted... Read more »
Legal Malpractice Claim Properly Dismissed as Time-Barred
On October 30, 2018, the First Department issued a decision in Brean Murray, Carret & Co. v. Morrison & Foerster LLP, 2018 NY Slip Op. 07238, affirming the dismissal of a legal malpractice claim as time-barred, explaining: The malpractice claim was properly dismissed as time-barred, and the doctrine of equitable estoppel will not toll a limitations... Read more »
Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller Law Offs., PLLC, 2018 NY Slip Op. 05825, holding that documents submitted by a law firm to show that it had not been engaged by the plaintiff were not documentary evidence sufficient to justify dismissal, explaining: The defendant... Read more »