August 31, 2017 Articles

Silly Lawyer Tricks IX

Behind a simple dismissal order in the case lies a hidden litany of mistakes by the lawyers.

By Tom Donlon – August 31, 2017

This is the latest column in our continuing series on real mistakes and misdeeds by real lawyers in cases on appeal.

Boye v. Rubin & Bailin, 152 A.D.3d 1 (N.Y. App. Div. 2017)
This case originally began as a suit against a public relations firm in a dispute over missing pieces of art.

The law firm, which eventually became the appellee, initially represented the plaintiff in that action, bringing claims of conversion and breach of contract. Six months later, “after their relationship with plaintiff had deteriorated,” the firm was granted permission to withdraw. Id. at 1.

Successor counsel appeared and amended the complaint to add negligence claims. In response to a later motion for summary judgment, successor counsel withdrew the claims of conversion and breach of contract. Many of the additional claims in the amended complaint were dismissed as time-barred. Thereafter, the first lawsuit settled.

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