New York | Legal Malpractice
Legal Question
Greetings,
Contract of Sale. Transfer of rental property and inventory in a retail wine and spirit shop. As seller my attorney neglected to file Uniform Commercial Code with the office of the County Clerk (fully executed and tendered by the buyer.) Having failed to do so stripped me of my rights whilst holding a private note from the buyer to freeze and/or seize assets at such time that the buyer defaulted on the note. Litigation ensued, I prevailed, the buyer liquidated assets of the business and filed Chapter 13 (later Chapter 7). Attorney referred me to malpractice carrier..., several correspondence exchanges later I was apprised that a Statute of Limitations prevailed (3 years from 'date of commission' of malpractice) and effectively 'all bets were off', Have a Nice Day!
An admitted act of malpractice cost me nearly $300,000.00 and a radical change in ability to cope, with children in college and a faultering economy. Attorney has offered to refund the original fee as a gesture of kindness. Have I no recourse?
Cheers,
Rick Regan
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Read More Answered By: Eric Rothstein |
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