In Yong Wong Park v. Wolff & Samson, P.C ., Yong Wong Park sued Wolff & Samson (W&S) for legal malpractice, claiming W&S advised him to plead guilty to criminal charges without disclosing the consequences that plea would have on his immigration status.
The New York County Supreme Court dismissed Park's claim and, on appeal, the Appellate Division, First Department, affirmed.
Park failed to demonstrate "but for" his lawyers' malpractice, Park wouldn't have pled guilty. The allegation his counsel provided incorrect legal advice conflicted with the determination reached in a prior federal case.
The AD1 also didn't like his "negligent infliction of emotional distress" claim, since Park failed to demonstrate W&S owed any type of duty to his wife and children.
His "breach of fiduciary duty" claim -- that a W&S attorney falsely testified he never gave Park any advice on the immigration consequences of a guilty plea -- was also barred by that federal lawsuit's outcome.
That was no walk for this Park.
To download a copy of the Appellate Division's decision, please use this link: Yong Wong Park v. Wolff & Samson, P.C