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Hoffenberg v. Meyers
Citation: 64 F. App'x 288Docket: Docket No. 02-7150
Court: Court of Appeals for the Second Circuit; May 12, 2003; Federal Appellate Court
The judgment of the District Court is affirmed with modifications. Plaintiff Steven J. Hoffenberg sued his former criminal defense attorney, Daniel Meyers, after being convicted in 1995 for securities fraud and tax evasion, resulting in a twenty-year sentence and significant restitution. Hoffenberg claims that Meyers inadequately represented him, citing failure to dedicate sufficient time to the case, misunderstanding legal issues, and withholding evidence. He filed four claims: legal malpractice, gross negligence, damages, and punitive damages. The District Court granted Meyers' summary judgment motion, which Hoffenberg appealed. The appellate court upheld the dismissal of the legal malpractice claim, stating that under New York law, such a claim cannot be made while the conviction remains undisturbed, which is the case for Hoffenberg. However, the court modified the judgment to dismiss the malpractice claim without prejudice, allowing for possible renewal if the conviction is vacated in the future. The court also found Hoffenberg's gross negligence claim redundant to the malpractice claim and dismissed it accordingly. Furthermore, the claims for damages and punitive damages were dismissed as they are not viable without a successful malpractice or gross negligence claim. Overall, the appellate court affirmed the District Court's decision, modifying it only to allow for the potential future renewal of the legal malpractice claim.