Legal Malpractice

Legal Malpractice and Estate Executors

By (Andrew Lavoott Bluestone)

Surcharged as an executor, this attorney has an ongoing legal malpractice case against several sets of his own attorneys.  In Alaimo v. Mongelli, we see several varieties of legal malpractice allegations.  One of them is in contract for failure to undertake an appeal, which was paid for, and one is for straight negligence.  The NYLJ reports:

"AN ATTORNEY can pursue his malpractice action against two law firms that allegedly failed to challenge a $630,000 judgment against the plaintiff-attorney for breaching his duty as an executor of an estate, a Nassau County judge has ruled.

A decision last month in Alaimo v. Mongelli, 10651-07, by Supreme Court Justice Joseph P. Spinola, marks the second time that the judge has refused to dismiss the case of Richard J. Alaimo, a Queens attorney who lives on Long Island.

A Queens surrogate ruled in June 2005 that Mr. Alaimo had to pay a $630,000 surcharge, plus 9 percent interest, for incorrectly distributing to the brothers of a client assets from a $1.1 million estate that should have gone to a daughter born out of wedlock. "

In the latest decision, Justice Spinola (See Profile) ruled that there was a factual dispute as to whether Michael F. Mongelli, who formerly represented Mr. Alaimo, had agreed to seek a stay of the judgment in the Appellate Division, Second Department.

Full post as published by New York Attorney Malpractice Blog on March 27, 2008 (boomark / email).