Justia Professional Malpractice & Ethics Opinion Summaries

Defendant was convicted of possession of heroin with intent to sell and possession of cocaine after police recovered drugs and paraphernalia during a search of an apartment where he and others were arrested. Defense counsel sought to suppress the seized items, arguing the warrant was inaccurate and unreliable but did not claim the warrant was executed without notice, violating CPL 690.50 (1). Defendant argued on appeal that this omission constituted ineffective assistance of counsel.The Appellate Division, Third Department, reviewed the case and rejected the ineffective assistance claim, noting that the record did not conclusively show a knock-and-announce violation. The court found that the defendant's argument was speculative and unsupported by the record, which was silent on whether the officers announced themselves before entry. The Appellate Division concluded that the defendant failed to establish a no-knock violation.The New York Court of Appeals affirmed the Appellate Division's decision. The court held that defense counsel's failure to raise the knock-and-announce issue did not constitute ineffective assistance because the argument was not so clear-cut and dispositive that no reasonable defense attorney would have failed to assert it. The court noted that the United States Supreme Court's decision in Hudson v. Michigan, which held that a knock-and-announce violation does not require the exclusion of evidence, had not been contradicted by any New York appellate decision. Therefore, the issue was not sufficiently clear to mandate its assertion by defense counsel. The court also found that the defendant's legal sufficiency contention was unpreserved for appellate review and upheld the trial court's admission of evidence regarding an uncharged drug sale. The order of the Appellate Division was affirmed. View "People v Hayward" on Justia Law

In October 2016, 65-year-old David Pena was assaulted by a stranger on the street. Pena, who did not see his attacker's face during the assault, later identified Mark Watkins as the assailant. Watkins was subsequently convicted of assault in the first degree, assault in the second degree, and criminal possession of a weapon in the third degree. The only identification evidence presented at trial was Pena's testimony, who identified Watkins as his attacker and the person depicted in surveillance footage of the attack. The surveillance video, however, was too blurry to clearly depict the assailant's face.Watkins appealed his conviction, arguing that his trial counsel was ineffective for failing to request a cross-racial identification instruction. The Appellate Division affirmed the conviction, holding that Watkins' ineffective assistance of counsel claim was unreviewable on direct appeal because it involved matters not fully explained by the record. The panel also concluded that Watkins received effective assistance under the state and federal standards because he had not shown that it was objectively unreasonable for counsel to refrain from requesting a jury charge on cross-racial identification.The Court of Appeals of New York affirmed the lower court's decision. The court held that at the time of Watkins' trial in July 2017, there was no clear entitlement to a cross-racial identification charge. The court noted that while a cross-racial identification charge had been recommended by both the American Bar Association and the New York State Justice Task Force, the court's precedent had long vested the trial court with discretion over the content of an eyewitness identification charge. Therefore, the court concluded that the decision to forgo a request for the cross-racial identification charge was not the kind of "egregious" single error that rises to the level of ineffective assistance. View "People v Watkins" on Justia Law

In 2005, Marta Urias and her incapacitated husband, Manuel Urias, were represented by Daniel P. Buttafuoco and his law firm in a medical malpractice suit. The suit, against four defendants, resulted in a $3.7 million settlement. Buttafuoco calculated his legal fees separately for each defendant, as per his interpretation of Judiciary Law § 474-a. His fee totaled $864,552, which he later reduced to $710,000. Marta Urias later sued Buttafuoco, claiming that he deceived her and the court about the legal fees they were entitled to by offering a false interpretation of the law. Buttafuoco moved for summary judgment, arguing that Urias's sole remedy was to move under CPLR 5015 to vacate the underlying judgment. Both the Supreme Court and Appellate Division dismissed Urias's claims.The Court of Appeals held that Judiciary Law § 487 allows a plenary action for attorney deceit, even if the claim could undermine a separate final judgment. However, the Court also found that Buttafuoco was entitled to summary judgment on Urias's claim. It found no material issue of fact as to whether Buttafuoco made false statements regarding his fee calculations. The Court affirmed the Appellate Division order, holding that Urias had failed to establish a material, triable issue of fact as to whether Buttafuoco's interpretations of the fee calculations or litigation expenses amounted to false statements. Therefore, while Judiciary Law § 487 permits a plenary action, Buttafuoco was entitled to summary judgment on that claim. View "Urias v Daniel P. Buttafuoco & Assoc., PLLC" on Justia Law

In this case, the New York State Department of Corrections and Community Supervision (DOCCS) withheld 11 documents from a Freedom of Information Law (FOIL) request by Appellate Advocates, arguing that the documents were privileged attorney-client communications. These documents had been prepared by DOCCS counsel to train and advise Board of Parole commissioners on how to comply with their legal duties and obligations.The New York Court of Appeals had to determine whether these documents were rightly withheld under the FOIL exemption for privileged matters. The court found that the documents reflected counsel's legal analysis of statutory, regulatory, and decisional law, and were therefore protected attorney-client communications, prepared to facilitate the rendition of legal advice or services in a professional relationship. The court rejected Appellate Advocates' arguments that disclosure was required under FOIL, noting that the privilege applied to proactive advice to assist the client in compliance with legal mandates, and was not limited to communications triggered by a client's disclosure of confidential information or a direct request for advice. The court also rejected the argument that documents identified as Commissioner training materials were categorically not exempt from disclosure.The court concluded that the documents were properly withheld under the FOIL exemption for privileged matters as they were privileged attorney-client communications. The court affirmed the order of the Appellate Division. View "Matter of Appellate Advocates v New York State Dept. of Corr. & Community Supervision" on Justia Law

The Court of Appeals held that the charges against Petitioner, a Justice of the Whitehall Town Court and Whitehall Village Court, Washington County, were sustained by the evidence and that the sanction of removal from office for his acts of misconduct was appropriate.The State Commission on Judicial Misconduct served Petitioner with formal written complaints charging him with with judicial misconduct for brandishing a loaded firearm at a litigant during a case and engaging in improper fundraising. The Court of Appeals upheld the sanction of removal, holding (1) the investigation was procedurally proper; (2) there was no reason to set aside the Commission's finding of racial bias; and (3) the record supported the conclusion that Petitioner's misconduct transcended poor judgment and warranted removal. View "In re Putorti" on Justia Law

The Court of Appeals affirmed the order of the Appellate Division granting summary judgment and dismissing Plaintiffs' claim under N.Y. Jud. Law 487(1) against their former attorneys who allegedly induced them to bring a meritless lawsuit in order to generate a legal fee, holding that the suit was properly dismissed.In moving for summary judgment, Defendants argued that Plaintiffs' section 487 claim must be dismissed because Plaintiffs failed to allege any misrepresentations made in the context of ongoing litigation. Supreme Court denied the motion with respect to the section 487 claim, concluding that Plaintiffs raised triable issues of fact. The Appellate Division reversed and granted summary judgment on that claim. The Court of Appeals affirmed, holding that Defendants established prima facie entitlement to judgment as a matter of law on the section 487 claim and that Plaintiffs failed to raise a triable issue of fact in response. View "Bill Birds, Inc. v. Stein Law Firm, P.C." on Justia Law

The Court of Appeals answered in the negative a question certified to it by the United States Court of Appeals for the Second Circuit asking whether N.Y. Pub. Health Law 230(11)(b) creates a private right of action for bad faith and malicious reporting to the Office of Professional Medical Conduct, holding that there is not indication that the legislature intended to create a private right of action in section 230(11)(b).Plaintiff, a surgeon, treated four injured patients insured by Defendant and submitted claims to Defendant in connection with each patient. Defendant later filed complaints with the Office of Professional Medical Conduct (OPMC) alleging insurance fraud. After OPMC declined to impose discipline against Plaintiff, Plaintiff commenced this action asserting that Defendant's complaints lacked a good-faith basis in violation of section 230(11)(b) and interposed a separate caused of action for defamation. Defendant moved to dismiss the complaint, arguing that section 230(11)(b) does not imply a private right of action. The federal district court granted the motion. On appeal, the Second Circuit certified the above question to the Court of Appeals. The Court of Appeals held that the statutory text and legislative history of the statute do not imply a legislative intent to create a right of action under section 230(11)(b). View "Haar v. Nationwide Mutual Fire Insurance Co." on Justia Law

Defendants Long Island Power Authority (LIPA), Long Island Lighting Company (LILCO), and National Grid Electric Services, LLC failed to demonstrate that the actions challenged by Plaintiffs in their amended complaints were governmental in the context of pre-answer, pre-discovery motions to dismiss, and therefore, the intermediate appellate court and Supreme Court properly denied Defendants’ motions to dismiss.In their complaints, Plaintiffs alleged that their property was destroyed by fire as a result of Defendants’ negligent failure to preemptively de-energize the Rockway Peninsula prior to or after Hurricane Sandy made landfall. Defendants moved to dismiss the amended complaints pursuant to N.Y. C.P.L.R. 3211(a)(7), contending that their actions were governmental and discretionary as a matter of law, and even if their actions were not discretionary, that Plaintiffs’ failure to allege a special duty was a fatal defect. The Court of Appeals affirmed the lower courts, holding that, given the procedural posture, Defendants failed to establish as a matter of law that they were acting in a governmental, rather than a proprietary, capacity when engaged in the conduct claimed to have caused Plaintiffs’ injuries. View "Connolly v. Long Island Power Authority" on Justia Law

The statute of limitations for a cause of action permitting parents to recover the extraordinary expenses incurred to care for a disabled infant who, but for a physician’s negligent failure to detect or advise on the risks of impairment, would not have been born runs from the date of birth rather than the date of the alleged negligence.Plaintiffs in both cases gave birth to children through in vitro fertilization treatment using an egg donor. Two of the three children born to the two couples had the Fragile X mutation, a chromosomal abnormality. Plaintiffs alleged that Defendants failed timely to screen the egg donor for the Fragile X mutation and that these negligent acts or omissions resulted in the parents incurring extraordinary expenses to care for and treat a child with a disability. Defendants moved to dismiss both complaints, arguing that the extraordinary expenses claims were time-barred because the limitations period runs from the date of the alleged malpractice, which they identified as the date the embryos were implanted in the mothers. Supreme Court denied the motion to dismiss, and the Appellate Division affirmed. The Court of Appeals affirmed, holding that because Plaintiffs’ causes of action for extraordinary expenses accrued upon the birth of their children, the claims were timely. View "B.F. v Reproductive Medicine Associates of New York, LLP" on Justia Law

Nomura Asset Capital Corporation and Asset Securitization Corporation (Nomura) established a commercial mortgage-backed securities business and engaged the law firm of Cadwalader, Wickersham & Taft, LLP (Cadwalader) to confirm that Nomura’s securitized commercial mortgage loans qualified as real estate mortgage investment conduit (REMIC) trusts. When one REMIC securitization, known as the D5 securitization, involved Nomura in federal litigation, Nomura commenced the underlying legal malpractice action against Cadwalader, alleging that Cadwalader failed to provide appropriate legal advice and perform necessary due diligence concerning the REMIC eligibility of the D5 securitization. Cadwalader moved for summary judgment, which Supreme Court denied. The Appellate Division modified the order by dismissing the advice claim and otherwise affirmed. The Court of Appeals modified the Appellate Division order, granted summary judgment to dismiss the legal malpractice in its entirety and otherwise affirmed, holding that Cadwalader established, as a matter of law, that summary judgment and dismissal of the legal malpractice cause of action were merited in this case. View "Nomura Asset Capital Corp. v. Cadwalader, Wickersham & Taft LLP" on Justia Law