Justia New York Court of Appeals Opinion Summaries

Articles Posted in Legal Malpractice

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Plaintiff brought this action for attorney deceit against Defendants. Defendants filed a motion to dismiss, asserting that the lawsuit was precluded by the three-year limitations period in N.Y. C.P.L.R. 214(2). Plaintiff argued that his action was timely because the applicable statute of limitations was the six-year period in N.Y. C.P.L.R. 213(1). Supreme Court denied Defendants’ motion to dismiss, concluding that the applicable statute of limitations was the three-year period in section 214(2) but that Defendants were equitably estopped from asserting this defense. The Appellate Division reversed and dismissed Plaintiff’s amended complaint. The Court of Appeals reversed, holding that claims for attorney deceit are subject to the six-year statute of limitations in section 213(1).View "Melcher v. Greenberg Traurig, LLP" on Justia Law

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The State Commission on Judicial Conduct brought two charges against Petitioner Glen George, a non-lawyer justice of the Middletown Town Court. Each charge involved allegations of misconduct while Petitioner was acting in his judicial capacity. Specifically, Petitioner was investigated for deciding to hear a case involving a friend and former employer without disclosing the existence of the personal relationship and for having ex parte communications with a prospective litigant and then expressing his views concerning the outcome of the proceeding. After a hearing, the Commission issued a determination finding that Petitioner's conduct violated the Rules Governing Judicial Conduct and determined that he should be removed from office. The Court of Appeals sustained the finding of misconduct and concluded that removal was the appropriate sanction.View "In re George" on Justia Law
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