Decision on motion to amend complaint cited in New York Law Journal as “Decision of the Day.”

Representing client Fred Cinao in a legal malpractice action against his former attorney Richard Reers, Michael Freeman successfully moved to amend the complaint to add a claim under Judiciary Law § 487, which authorizes an award of treble damages against an attorney who deceives a court or party in connection with a pending proceeding.  The decision was notable because the proceeding in this instance was pending in Hawaii, and the trial judge disagreed with an earlier federal opinion which held that Judiciary Law § 487 applied only where the proceeding was pending in New York.  The judge here found that the statute contained no language that would preclude its application to New York attorneys involved in proceedings in other states.

Click here to view the decision:  Cinao v. Reers