A Dictionary of Causes of Action Regarding Attorneys

Traditionally, plaintiffs plead a triumvirate of claims against attorneys consisting of legal malpractice, breach of contract and breach of fiduciary duty.  Additional claims are rarely seen.  In Ramirez v Donado Law Firm, P.C.  2019 NY Slip Op 01244  Decided on February 20, 2019 the Appellate Division, Second Department goes through a long list of claims and gives the elements.  The entire decision is valuable. “Real Property Law § 265-b governs the conduct of distressed property consultants. “Distressed property consultant” or “consultant” is defined as “an individual or a corporation, partnership, limited liability company or other business entity that, directly or indirectly, solicits or undertakes employment to provide consulting services to a homeowner for compensation or promise of compensation with respect to a distressed home loan or a potential loss of the home for nonpayment of…

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