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19 Apr 2024, 4:12 am by Andrew Lavoott Bluestone
Where a client has challenged and lost on the issue of whether counsel is entitled to a fee, that determination collaterally estops a subsequent claim for legal malpractice (Koppelman v Liddle, O’Connor, Finkelstein & Robinson, 246 AD2d 365, 366 [1st Dept 1998]). [read post]
9 Feb 2024, 5:55 am by Tess Bridgeman
Finkelstein (@COFinkelstein) and General (ret.) [read post]
25 Aug 2023, 5:30 am by Andrew Lavoott Bluestone
Here, the defendants demonstrated, prima facie, that the acts that they allegedly failed to perform were beyond the scope of the engagement letter, which was prepared by the defendants and signed by the plaintiff (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d at 435; DeNatale v Santangelo, 65 AD3d 1006, 1007; Turner v Irving Finkelstein & Meirowitz, LLP, 61 AD3d 849, 850). [read post]
11 Jan 2023, 3:03 am by Andrew Lavoott Bluestone
In this regard, cases hold that “[a]n attorney who violates a disciplinary rule may be discharged for cause … ” (Doviak v Finkelstein & Partners, LLP, 90 AD3d 696, 699 [2d Dept 2011 ]). [read post]
20 Jun 2022, 3:11 am by Andrew Lavoott Bluestone
” Because review of NAC’s liability insurance policies to determine their potential applicability to the judgment in the underlying action fell outside the scope of HSE’s engagement, the court properly granted HSE’s motion with respect to the professional negligence/legal malpractice cause of action against HSE insofar as asserted by NAC (see Turner v Irving Finkelstein & Meirowitz, LLP, 61 AD3d 849, 850 [2d Dept 2009]). [read post]
19 Jun 2022, 5:05 pm by admin
In a seminal discrimination case, Casteneda v. [read post]
In 2018, a case was brought in front of the First Department Appellate Division in New York Finkelstein v Finkelstein, 162 A.D.3d 401, 79 N.Y.S.3d 17, 2018 N.Y. [read post]
23 Mar 2022, 3:28 am by Andrew Lavoott Bluestone
” Because review of NAC’s liability insurance policies to determine their potential applicability to the judgment in the underlying action fell outside the scope of HSE’s engagement, the court properly granted HSE’s motion with respect to the professional negligence/legal malpractice cause of action against HSE insofar as asserted by NAC (see Turner v Irving Finkelstein & Meirowitz, LLP, 61 AD3d 849, 850 [2d Dept 2009]). [read post]
31 Jan 2022, 3:19 am by Andrew Lavoott Bluestone
Accordingly, the retainer agreement utterly refutes the plaintiffs’ contention with respect to the scope of the CMM defendants’ representation in that regard (see CPLR 3211[a][1]; Turner v Irving Finkelstein & Meirowitz, LLP, 61 AD3d 849, 850), and the Supreme Court properly directed dismissal of the fourth and fifth causes of action. [read post]
28 Jun 2021, 3:11 am by Andrew Lavoott Bluestone
 [internal quotation marks omitted]; see Flomenhaft v Finkelstein (127 AD3d 634, 637 [1st Dept 2015] [test of pertinence is “extremely liberal”] [internal quotation marks omitted]). [read post]
9 May 2020, 1:30 pm by Steven D. Schwinn
Check out Claire Finkelstein and Richard Painter's piece in the NYT, Trump's Bid to Stand Above the Law--a primer on the oral arguments next week in Trump v. [read post]