Thursday, May 12, 2011

Attorney Arnold E. DiJoseph III of Podlofsky & Orange Simply Didn't File His Client's Papers, No Excuse Given

I'm going to try to expose as many lawyers as I hear about who do not do their jobs, in a new section. Send me cases!!

Thanks,

Betsy Combier

Casali v Cyran

2011 NY Slip Op 03791
Decided on May 3, 2011
Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 3, 2011
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.

2009-11669
(Index No. 20640/05)

[*1]Frank Casali, appellant,
v
Daniel J. Cyran, etc., respondent, et al., defendant.

Podlofsky & Orange, LLP (Arnold E. DiJoseph, P.C., New York,
N.Y. [Arnold E. DiJoseph III], of counsel), for appellant.
Vardaro & Helwig, LLP, White Plains, N.Y. (Edward J.
Guardaro, Jr., and Terence S. Reynolds of counsel), for respondent.

DECISION & ORDER

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Feinman, J.), entered October 16, 2009, which denied his motion to vacate an order of the same court entered August 28, 2009, upon his default, granting the motion of the defendant Daniel J. Cyran for summary judgment dismissing the complaint insofar as asserted against that defendant.

ORDERED that the order entered October 16, 2009, is affirmed, with costs.

To vacate his default, the plaintiff was required to demonstrate a reasonable excuse for the default and potentially meritorious opposition to the motion (see CPLR 5015[a]; Legaretta v Ekhstor, 74 AD3d 899; Rivera v Komor, 69 AD3d 833; Nowell v NYU Med. Ctr., 55 AD3d 573). The plaintiff's excuse for failing to oppose the motion of the defendant Daniel J. Cyran for summary judgment dismissing the compaint insofar as asserted against Cyran can only be classified as law office failure. Although the Supreme Court has the discretion to excuse a default resulting from law office failure (see CPLR 2005), here, the plaintiff's attorney, in his affirmation, admitted that there was "no excuse, reasonable or otherwise." Additionally, the plaintiff failed to establish that he had potentially meritorious opposition to the motion (see Bollino v Hitzig, 34 AD3d 711). Accordingly, the Supreme Court properly denied the plaintiff's motion to vacate the prior order granting Cyran's motion for summary judgment dismissing the complaint insofar as asserted against Cyran.

RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:
Matthew G. Kiernan
Clerk of the Court

86 comments:

  1. john & catherineJune 2, 2011 at 7:36 PM

    We just received a determination on a complaint we placed with the grievance comm about Ira C.
    Podlofsky in reference to missing the statue of limitations on our sons case,saying a clerk misplaced our malpratice file and our case was never filed due to that, however that is not
    the true facts Podlofsky told the reffering attorney it was a great case and then the file
    sat for twenty months until the statue of limitations ran out, The grievence comm said
    even so he had violated disciplinary rules
    1-104(c) and 104-(d) (2) of(22NYCRR 1200.5(c) and 1200.5(d) (2) and conduct 5.3(a) and 5.3(b) 92) (ii), ADMONITION, we feel he needs to have his license revoked

    ReplyDelete
  2. As far as you know, was this some sort of one time lapse or has this law firm had multiple complaints against them ? I was considering bringing a serious injury case to them but just read this ! Thank You

    ReplyDelete
  3. no this is not a one time laps by this law firm
    kitt v podlofsky
    helen green v podlofsky
    isabella v podlofsky
    check ny state grievance committee
    westport insurance co

    ReplyDelete
    Replies
    1. please check ny state grievance committee
      and check if he has insurance

      Delete
    2. We hired this idiot 2 years ago to handle a simple, uncontested divorce. He took our money, told us the matter was filed, gave periodic updates, such as "should be finalized by holidays" and "will be done by 1q 2014" when in fact he had not even filed the papers. He ignored our inquiries relating to the status for approximately 6 months until he was threatened with a grievance before the Judicial Disciplinary Committee Only then did he finally respond and a few months later finally file the papers. Naturally, due to his incompetence, the Court rejected the documents, and now he is back to being the unresponsive sloth he was before. When he finally does respond to a client inquiry, it is always wrapped around some story about his secretary's health or his girlfriend's daughter's health, all of which are irrelevant to his negligence and probably untrue based on his repeated lies relating to the status of the matter. A disgrace to the Bar

      Delete
  4. I don't think it's fair to implicate Arnold DiJoseph in this. He is outside appellate counsel that most likely was hired to clean up an uncleanable mess. There is nothing in that decision that says, as you do, that he failed to file papers. It merely says he handled the appeal.

    You believe in due process, but you've got him convicted without any basis. You should change the headline to name the person responsible.

    ReplyDelete
  5. anonymous
    if you did read the web site you will see
    Dijoseph of podlofsky etc,
    no excuse given,so podlofsky is responsible for his attorneys and office personel
    as this is posted by betsy combier on this web
    but I had a case lost by miser statue of limitations from podlofsky office blaming an employee misplaced our file
    check out
    green v podlofsky
    kitt v podlofsky
    Isabella v podlofsky

    ReplyDelete
  6. if podlofsky office is so uncleanable mess as you say .and I believe you are right why is he still practicing law.look up the story he told
    judge jame c france of the n.y. southern districk on april 19,2007 Helen green v advanced
    cardiovascular imaging.he is one great story
    teller.in the ny grievanc com he was guilty of
    disciplinary rules---1-104(c)---104(d)-
    (2)of 22nycrr 1200.5(c)and 1200.5(d)and(2)and
    conduct5.3(a)5.3.(b)92) (ii)ADMOONITION
    and this is god's truth and podlofsky and myself
    knows the thuth


    ReplyDelete
  7. I posted 3/7 at 11:50 AM. Just want to respond to the two comments that came after. I did read the web site. I also didn't say Podlofsky's entire practice was an uncleanable mess. I was referring to the one case described in the opinion cited above. Although it may be true that his entire firm is a mess, I don't have personal knowledge of that so I limited my comment to the one case discussed in this blog post. In reading the courts opinion, DiJoseph is listed as "of counsel" on the appeal. The term of counsel is used to refer to lawyers who are not members of the firm. There is nothing to suggest that DiJoseph was involved in tis case until after it was dismissed by the lower court and he was brought in to handle the appeal. I think the criticism of Podlofsky is fair but I really don't think it's right to implicate DiJoseph in this. Seems like all he did was try to help the plaintiff after the case was dismissed. Just my 2 cents.

    ReplyDelete
  8. Hello anonymous, I wanted to ask you are you an attorney? because we do not have the ability to look into further matters with podlofsky, but he is having a bad divorce since 2007 where he missed our statue of limitations until present
    with all his problems, we are having a bad life our son is in liver failure due to not filing
    his case and us being able to go to john Hopkins in boston where their advanced medicine
    could have saved him from other serious medical problems, as far as dejoseph if he is representing podlofsky in all these mistake cases, what kind of a attorney is he knowing how
    many serious cases he handled for him, knowing lives that were destroyed because podlofsky having a bad divorce, did mr dijoseph knowing the mess that podlofsky made, ever say this is not right and notify some authority of these failures, his divorce, his bankruptcy, well
    we do not even have enough money to file bankruptcy for ourselves, my son is the living dead and we have no money for good medical care
    we are always looking for help so that we may
    get some justice that podlofsky may be suspended
    from practicing law, we are looking at going to the attorney general with what evidence we have
    including any attorneys involved with our sons case,next week we have a meeting with an advocate group willing to direct us what legal avenues we may take to get some justice, because
    God help any person coming to his office to file a case. you most likely know who we are
    just blue collar workers who worked for 36 years
    but we do not know who you are, you could be
    podlofsky or di joseph, well we feel that myself
    God and podlfsky really know the truth and we will continue to follow the truth

    ReplyDelete
  9. first you stated it was only one case
    #1-green v podlofsky
    #2-kitt v podlofsky
    #3isabella v podlofsky
    #4westport ins co v podlofsky
    #5mountsina medical cent ny
    his story to the bankruptcy court
    all because of a bad divorce GIVE ME A brake
    people are having bad lives

    ReplyDelete
  10. hi anonymous just to let you no how do you get in contact with podlofsky all of his phonenumbers are not working is he still running an office or has his past court up with him his bad divorce when people a having a bad life
    and if you want my name and phone number just ask

    ReplyDelete
    Replies
    1. His newest one is: The Law Office of Ira Podlofsky. He opened a practice in Medford, NY. His website is www.longislandfamilylawcenter.com Notice on the website he is not practicing Medical Malpractice !! -Nick

      Delete
    2. We hired Ira Podlofsky 2 years ago to handle a simple, uncontested divorce. He took our money, told us the matter was filed, gave periodic updates, such as "should be finalized by holidays" and "will be done by 1q 2014" when in fact he had not even filed the papers. He ignored our inquiries relating to the status for approximately 6 months until he was threatened with a grievance before the Judicial Disciplinary Committee Only then did he finally respond and a few months later finally file the papers. Naturally, due to his incompetence, the Court rejected the documents, and now he is back to being the unresponsive sloth he was before. When he finally does respond to a client inquiry, it is always wrapped around some story about his secretary's health or his girlfriend's daughter's health, all of which are irrelevant to his negligence and probably untrue based on his repeated lies relating to the status of the matter. A disgrace to the Bar

      Delete
  11. My comment is chaqne this headline. This headline is so ridiculous and demonstrates why people like this woman Combier or whatever her name is are so dangerous. I wrote to her months ago to change the headline. I had nothing to do with what happened in this case but tried to win the appeal for both the client and Mr. Podlofsky. Now it is my fault. Until this person is able to get information write no one should be reading this as it is worthless.

    Arnold Di Joseph

    ReplyDelete
    Replies
    1. I have had Arnold work on a very difficult case that was given to him by My Fantastic primary firm.Arnold is passionate an he's an excellent Attorney.It's a relationship that may clash but it doesn't diminish His skill and to call him corrupt is Slander! I stumbled on this blog and this is over the top! It's cruel to bring up anyone's personal struggles! Divorce happens and so does Medical Malpractice.As much as My heart goes out to your Child, I understand life and The Doctor is truly the blame and in fairness You didn't Retain Arnold initially. He tries to help everyone in order to resolve complicated situations and it can backfire because No one will ever please Everyone. I'm sensitive so my personality couldn't handle Arnold ! He's a straight shooter and some can take it and some can't take his style but I disapprove of this attack on his Name. Just as much as I disapprove the Medical Malpractice that happened to me as well as your child.We all live in this world together.Some battles will be won and some battles will be lost .Mistakes happen and not all of them arise to a crucifix of the person who made the mistake.Your best energies should go into holding the doctor responsible because Medical Malpractice is an epidemic and that's where you'll find the corruption that disables and kills human beings. A clerical error in filing should be heard By the judge and resolved to move the case forward Not persecute the Attorney. I wish you well but we need lawyers like Arnold on the frontlines ! Maybe Mediation can change this with all parties.

      Delete
    2. Has Dijoseph done anything to help this poor family or just try to help Podlofsy ?

      Delete
  12. Hello Mr DiJoseph, thank you for your honesty in
    identifying yourself, you were listed as a partner with Podlofsky and not just an attorney
    to cover his a--, Podlofsky missed the statue or limitations and led us to believe he was going to get an extension, again stupid as we were we belived he would do the right thing, and
    again he failed us he said in three days he would notify us if he got the extension, we wrote him let us know what has he done, we never heard from him, we hired a attorney for
    legal malpractice and he did not file all the paperwork for the court trail on Jan 20,2010
    and did not perfect the proper appeal so he was
    also in the hot seat with the grievance comm, but they can not change the judges decision, so
    our son never got the legal protection he needed
    from either attorney and as a result there was no money for John Hopkins hospital in boston,
    so now from all these doctors mistakes the med
    malpractice money was not there and our son can
    die from liver failure, urology surgery, lung infection and now staph diease all because Podlofsky did not practice law in a righteous
    way, but podlofsky claims he was under stress
    from a divorce is that a joke!! we are at bankruptcy from our son but Ira is still living
    the life, we only pray he has the same good luck
    as we have, he destroyed all our lives, but we will continue trying to find justice we now have
    a NYS assemblymen, previous assistant DA, looking into our situation as these new contacts
    we have are powerful and just and just maybe all
    his victims may get some kind of justice even if it is having his license revoked , we will not stop until all the involved attorneys answer to the court system, do not think we
    are nasty people just read podlofsky's deposition it reads like a first year law student. Respectfully Catherine Isabella

    ReplyDelete
  13. hi mr dijoseph just an added note,how do you think we feel about our mental anguish caused by
    podlofsky mistake his divorce how about the suffering and mental angush because of his mistake
    I hope he has the same luck as us how do you look him in the face

    ReplyDelete
  14. thank god for people like betsy combier and this
    site or attorneys like podlofsky and and his kind.and this is not the only site this attorney is on and has compliants about him this is not one time laps by this attorney

    ReplyDelete
  15. I have to wonder if the May 6 post is really from Arnold Di Joseph. I don`t think that an Attorney would post something that has spelling errors and is so grammatically incorrect. From what I heard, most of the blame should be put on Podlofsky and NOT so much on Di Joseph. As far as the comments about a bad divorce impacting on his practice, I happen to know that the divorce was only 2 or 3 years ago and was amicable. One thing is certain, the poor client has really suffered, let`s not forget it or lose sight of what is really important here.

    ReplyDelete
  16. To new anonymous, DiJoseph did post 5/6/13 and we in return answered his post, Ms Combier posted DiJosephs connection to Podlofsky, you can check May 6th Mr DiJoseph did identify himself and we answered his post. Back to Ira Podlofsky in the Green case, Judge Francis gave
    permission for new attorneys due to Ira,s excuse
    he was having a stressful divorce and his office
    he had to layoff two attorneys and other staff
    then you see him and his wife doing a commercial
    with his partner for his law office.He used the same excuse in Bankruptcy court, his bad divorce.He also told an attorney who we were involved with back 2007 to 2009 he was in a bad divorce, as you say it was an amicable divorce so you must personally know Ira or his wife Jan
    so who is he lying to you or the courts and the
    court is public record, we have the statement to the Judge Francis right in our hand. I guess
    the grievance comm. letters and apology from them to us is false also failure to file our
    medical malpractice was his office staff misplaced our medical file and that is why he
    missed the stature of limitations, we will keep
    searching the justice system until we get justice, you know who we are who are you?





    ReplyDelete
    Replies
    1. I had previously commented on May 12 and respond to your post of the following day. I had thought that the comments regarding a bad divorce and a negative impact on his practice were directed at Mr. DiJoseph. My comment was regarding Mr DiJoseph`s divorce which was 2 or 3 years ago, as far as I know, it was amicable and did not effect his practice. I am sorry for any misunderstanding.

      Delete
  17. Hello anonymous, thank you for the apology it is not necessary a misunderstanding is fine,
    We are just so broken by two attorneys the one failed to file the medical malpractice case and
    then the second one we hired to file the legal
    malpractice did not submit the proper documents
    for the trail for Jan 25,2010 and this is confirmed by the NYS Grievance Comm. so the judge dismissed the medical malpractice case
    for lack of proper documents, therefore our
    son never was able to get the proper medical
    treatment and over all this time our son has
    a life and death situation besides we used
    all our money to help our son that we are at
    the bankruptcy and we do not live in luxury in
    Port Washington, but we now have a person of interest a political person who is going to
    try to help us with all the attorneys mistakes
    so if we sound angry we hope you understand,

    ReplyDelete
  18. mr podlofsky ststes to judge james c france in the green case.his mistake was because he was
    having a bad divorce,and as this divorce he had
    financa disruption and had to lay off his help.and and ms orange was now unemployed.
    but if you call his new office the message on the phone is hi you reached the office of
    PODLOFSKY & ORANGE so much for bad divorce
    and check him out on ytube
    john & catherine

    ReplyDelete
  19. Podlofsky definitely wronged his client here. It seems he committed malpractice on more than one level. Di Joseph, working as house appellate counsel probably should not have done the appeal. His ability to try to win the appeal for the family while trying to maintain his rapport and relationship with Podlofsky would be difficult at best. I hope the family gets the help and support they deserve at some point and the system will not neglect them as their Lawyers did.

    ReplyDelete
  20. Hello Anonymous, thank you for believing in us and our son,we have lost everything we worked for 36 years and our son never got back to a normal state we need to file bankruptcy and we are broke, most of all we suffer from mistakes by two attorneys who will not own up to what they have done, our son is sick and we have no means to help him and no one to help us, thank you for caring it is 2am and we cannot sleep
    from fear and worry, we will not go away, till we die, our e-mail address pappy45702@aol.com,
    thanks for believing in us, and we are sorry if we misread mr di joseph. God Bless Catherine and john and chris our son.

    ReplyDelete
  21. if you check out ira podlofsky you will find
    that he was found guilty on july 13,2011 by
    the ny state grievance committee
    file no 38990/10 I hope I can help someone
    john

    ReplyDelete
  22. How would someone be able to access that or any complaint made against a particular Lawyer ? How about prior lawsuits against a particular Lawyer. Is there a single website or resource that can be used to do that ? Is there one resource that is more complete or reliable than others ? If anyone reading this blog can give information about this, I think that it could prove very useful to many of us. To know a Lawyers track record before you retain him could help you make that decision. If you think that your Lawyer is not representing you properly, perhaps his track record could shed some light on to the way he handles cases as well as clients ! Thanks

    ReplyDelete
  23. Hello Anonymous your email of 6/10/13 I understand your frustration we have been wronged by 2 attorneys, you need to call the
    Grievance Committee ay 718-923-6300 they take the complaints by mail only but speak with them they will advise you and you can file a complaint the Bar Assoc. is a boys club and they do nothing we have spent 3 years but we proved and they investigated and found the first
    attorney guilty of not filing our case before the statue of limitations ran out also got to the web site Justia www.dockets.justia.com/doucket/newyork/n
    you have to keep searching and searching if we can help just write and we will give you our telephone number and name, these oath that attorneys take means nothing to them when they
    make a mistake we only suffer they cover up for each other.

    ReplyDelete
  24. hello anonymous a good place to look up information on an attorneys is PACER it coast but it is good understand its frustration but don't give up or stop looking john

    ReplyDelete
  25. hello whom do I go to if I know one attorney
    lied about an attorney. and than lied to the grievance com under oath

    ReplyDelete
  26. hi you say its not fair to implicate mr dijoseph with podlofsky
    office but as dec 26,2012he is still working on cases check
    klein v argoff

    ReplyDelete
  27. I see where podlofsky opened his new office with
    his wife as a partner in Medford,l.i. but he states to 5 different judges his mistakes were mad due to his divorce,but podlofsky and his wife opened a new law firm practice together,i see on his profile page he does not due medical mal pratic cases ,anymore I know of at least 5 cases he screwed up he has no scruples

    ReplyDelete
    Replies
    1. Including mine with 4 drs.and a hosp. just find out today.more to follow.

      Delete
    2. Left out this is 7 years later.

      Delete
  28. from john when my first sun passed away at age 21 and his wife two weeks with child.i had two weeks for mourning than back to work.my wife made a mistake on paying utility bill.and when we called thay said sorry but pay.
    podlofsky says all his mistakes because of a bad
    divorce and five judges let him off the hook because of bad divorce how about the people he was to represent how sad and he and his wife have a new law firm oh so said

    ReplyDelete
  29. john & catherineSeptember 3, 2013 at 4:18 PM

    Hello Anonymous from Aug 21, seen your reply to my comment, did you have a case against Podlofsky and it is on going for 7 years I am willing to help you and show you what to do with the NYS Grievance Comm to file a complaint
    against him it might help us also if one more person sends in a complaint he could get his license suspended and maybe you could get some satisfaction for your loss, lawyers are privileged to answer for their mistakes Thanks JI

    ReplyDelete
  30. are there any current legal malpractice cases filed against DiJoseph or Podlofsky ??

    ReplyDelete
  31. john& catherineOctober 1, 2013 at 6:11 PM

    We have no knowledge about DiJoseph, however we know of five past cases of clients that Podlofsky had been in court and gave excuses bad divorce, office staff failure, this one no excuse, however the 5 other cases were salvaged we do not know if the Grievance Comm. was notified, what is your interest at this time, about current legal malpractice cases filed against Podlofsky please respond JI

    ReplyDelete
  32. John and CatherineOctober 1, 2013 at 6:27 PM

    Hello again Anonymous, we would like to know in reference to DiJoseph and Podlofsky are you an associate or maybe a relative of either one, it would be a courtesy to us maybe to identify yourself and we could reveal more if we knew who we were communicating with.......................just a thought....please answer JI

    ReplyDelete
    Replies
    1. Not a relative, associate or anything like that. I am a victim of legal malpractice myself and I am considering my options. My interest is more research than anything else. It is amazing how dishonest so many Lawyers are. They tend to operate behind closed doors with very little fear of any punishment for wrongdoing. I wish you the best.

      Delete
    2. We are victims of medical malpractice and legal malpractice and it is a shame that lawyers cover for lawyers, but we do know how to file complaints, if you need help we are willing to tell you what we have done
      so far and we will not stop until we win, just let us know....John & Catherine

      Delete
  33. To Anonymous in ref to Arnold, we never blamed Arnold we said Ira Podlofsky failed to file our Mal practice case on his own, we did not know of DiJoseph until we found cases that he handled for Podlofsky, no meditation will not help, Podoflsky made sure the doctors got off by not filing and the statue of limitations ran out and so did our money on thirteen surgeries with no medical insurance because of doctors malpractice, and then we find an attorney to take Podlofsky into court for legal malpractice and he fails to present all the necessary documents for trial, so there goes more injustice and now our son will lived with his horrible medical problems until he dies meditation can and will not help us, a reversed decision by a Judge can only help us show a jury of how 2 attorneys threw our sons life to the side of the road but we are not finished we will crusade until we die and maybe then our son will give up when we are not here to help him, MAYBE ARNOLD WOULD LIKE TO OFFER HIS LEGAL SERVICES TO HELP US BRING THE LAST ATTORNEY TO COURT FOR NOT SUBMITTING THE FORMAL PAPERWORK TO GO TO TRIAL
    FOR PRO BONO BECAUSE WE LOST 36 YEARS OF WORKING TO ALL OUR SONS BOTCHED SURGERY, MEDITATION NO...... LEGAL HELP YES

    ReplyDelete
  34. john & catherineDecember 20, 2013 at 5:56 PM

    anonymous, just a brief bit of information about malpractice my older son had the best neuro surgeon in NY and of one of the best in the US he was 23, his neuro surgeon said there was nothing wrong with him the doctor refused to run a cat scan
    on Friday night at 6pm his wife called to say she was 2 weeks pregnant the next morning at 8:20 am my son died the fluid built up on his brain and crushed it, he died while I gave him mouth to mouth, I called his neuro surgeon , asked why he would not do a cat scan he said he did not need one, HOWEVER HE WAS DEAD
    PUT INTO THE CEMETARY BECAUSE THE DOCTOR DID NOT DO A SIMPLE CAT SCAN PLEASE DO NOT TELL ME TO MEDITATE HAVE YOU LOST A SON DUE TO DOCTORS ERROR, I PRAY FOR STRENGTH, I DO NOT NEED THIS SON TO DIE BECAUSE OF LAWYER AN DOCTORS MALPRATICE, EASY TO SAY
    A HORROR TO LIVE WITH

    ReplyDelete
  35. john & catherineJanuary 20, 2014 at 5:37 PM

    Hello Anonymous, it was good to know that you finally believe in our situation, no Mr DiJoseph has not reached out to help us he only represents Podlofsky as to our knowledge, we would appreciate any attorney who would help us with our cause the only problem is we cannot pay them, all these medical problems has force us after 36 years of working to be financially broke just to keep this son alive and going, if you know of any attorney who believes in the truth and justice and would help us as we have not given up, we will never give up thank you for taking an interest in our struggle for justice John & Catherine

    ReplyDelete
  36. Maybe Arnold would consider this case on a contingent basis ? Just make sure that he handles the matter personally and not just signs off on it. Just a thought

    ReplyDelete
  37. Anonymous, thank you for your insight of helping us, it would be great if Arnold would help us or even an associate of his, we are really tired and not well from all of this we wish we could find someone to help us so if anything happens to us, our son will be able to get medical help from the efforts of an attorney who would help us to bring this case before a Judge and a jury of our piers, however we need a pro bono attorney who is interested in justice mainly and who will fight for us and the horrors we have gone threw because of mal practice mistakes, if you know of anyone who is loyal for a cause we could use the helping hands, thank you respectfully Catherine and John

    ReplyDelete
    Replies
    1. Have you asked Arnold ? Maybe Arnold or Steven Dijoseph could help you, A contingent basis would mean no money up front and no cost to you unless they recover money for you. From the sound of your financial situation, that would probably be your best bet.

      Delete
  38. john & catherineFebruary 7, 2014 at 6:14 PM

    I see where ira podlofsky is only practicing family and divorce law
    I guess he made enough mistakes as medical malpractice attorney.
    he should not be practicing law at all. he destroyed us and other clents

    ReplyDelete
    Replies
    1. Is this the same podlofsky from Podlofsky, Hill, Orange law firm ?

      Delete
    2. john & catherineFebruary 20, 2014 at 10:28 AM

      Anonymous, it is exactly the law firm on their letterhead, Podlofsky Hill Orange & Modzelewski dated 3/6/2007 who sent us a letter ogf decline on our case which missed the statue of limitations, if you would like to see the letter or talk to us, just leave another reply th U catheine & John

      Delete
  39. update just found on pc another case back to april 30,2010
    imperato v mount sinai medical center on this case he tells the court he was sorry
    he neglect to do his job because he had peronel problem.
    and inadequate office stafe.he always gets away with it
    john & catherine

    ReplyDelete
  40. we are so frustrated wiith thes two attrorneys and the limitations of the grievance comm.
    lies upon lies from these two attorneys.all kinds of lies and mistakes in black&white
    that we are going to right and send what we have in black&white to each judge.
    plus the bankruptcy court where podlofsky told judge alan t trust.that he could not
    payhis bills.all becouse of a bad divorce but he opened a new office with jan orang
    his wife and sayes his office is makin 1.6million to2.5million i have 65dollars in the
    bank and cant clame bankruptcy can not afford an attorney i pray to god that there
    lies catch up to them john & catherine

    ReplyDelete
  41. My Grandmother passed away in 2007 due to a wrongful death, which lead to the retention of Ira Podlofsky’s office to pursue a medical malpractice lawsuit. At the time, my mother (the decedent’s daughter) entered into a lawsuit with several defendants to pursue the case. The case was assigned an index number and Judge and at some point was consolidated. That’s basically all that was done on the case over the course of 7 years. A couple of motions here and there – mostly made on the defense’s behalf and, if we’re lucky, maybe one appearance by plaintiff’s counsel and one Examination Before Trial, which was of a non-party witness. Also, within these past 7 years, my mother spoke to Ira maybe, and I say MAYBE 5 times. She would call him for updated statuses on the case and she never received any phone calls from him. He NEVER returns your calls. EVER! His office manager/secretary/receptionist always gives you an excuse why Ira cannot speak to you: he’s either in court or with a client or at a meeting, etc. He was supposed to meet at my mother’s house on more than one occasion to discuss the case and just never showed. My mother had to look into the court system on her own to actually find out what was happening with the case. What a disgrace! Oh yes, Ira did mail her a couple of correspondence letters - letters of apology to say how sorry he was for not working on her case due to his bankruptcy issues, his marriage problems and partnerships who left him. He promised he would continue full force with her case and have it moving and settled in no time. As of this year - 2014 - NOTHING! There was still no EBT of my mother – who was the sole witness in this case. How is that even possible? Every time my mother spoke to the office manager/secretary/receptionist about EBT dates, she always said to my mother to pick 3 dates and go with that. Is this even professional? Needless to say, nothing came out of any of those dates – no EBTs, no conferences – nothing. My mother tried retaining other lawyers but no one would take the case because it was too far along with no action taken on it. A friend of the family, who was an attorney at the time, pulled the file and very little paperwork was found. He himself couldn’t believe it. What does that say about how much work was actually done on this case over the course of 7 years? 7 YEARS! Once again, my mother checked the status of her case and noticed there was an appearance scheduled for March 5, 2014. She was never notified of this appearance date or what the purpose of it was for. Well, needless to say, the end result is the case has been disposed of because there was an NAP – in non-attorney language this means Non Appearance by Plaintiff. Ira Podlofsky never showed up to the appearance. When the office manager/secretary/receptionist was questioned why he didn’t appear at the conference before the Judge and defense attorneys she told my mother Ira never even knew about it!!! What kind of attorney doesn’t even know when there is an appearance on the calendar? To me, it cannot be an attorney who is up on his client’s cases or even one who cares about his client’s cases. I am her son writing this complaint because, unfortunately, my mother has just passed away in March. Ira does have other incidents against his record and was found guilty of an admonition and codes he broke as an attorney. You can look these up for yourself. Doesn’t an attorney take an oath to be the best attorney he can be for his clients and to practice to the best of his ability? Not in this case. I urge you to do your research before even thinking of retaining Ira Podlofksy. I’m really not sure how he sleeps at night. He should not have the given right to call himself an attorney and I’m hoping for the day he cannot practice law anymore. I believe I probably could have done a better job representing my Grandmother pro se. - Nick

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  42. Hello Nick, first our sympathy for your Mother and her fight for justice for your Grandmother, we totally understand how difficult your situation is we have been in the battle of our lives with Ira Podlofsky failing to file our sons medical mal pratice case, we even hired an tttorney to file a legal mal pratice case and somehow due to doucments that were not given to the Judge the case against Podlofsky was dismissed, we went to all the Grievance Comm. and all the Bklyn, Qns, and LI comm knew him so in the end the White Plains Griev Comm took in our complaint
    and after months they only gave him an adomotion, we kept sending cases like yours and ours that he failed to handle but the comm told us to get his license suspended we would need others to file a complaint against him as to date we have not been in touch with anyone except today you, we are at this since March 2007
    fighting for justice, his mistakes caused us to come to the door of Bankruptcy supplying our son with medical money our story is long it includes 4 doctors and
    Podlofsky, we are more then willing to asist you with any information we have on him
    also we would go to court to swear to a Judge what he has done to us, we want him to suffer loosing everything we had and that our son will go threw the rest of his life without expensive medical correction. Podlofsky is full of it him and his wife opened
    a new law firm in Medford L.I. general pratice so he excapes all the lives he has destroyed by his mistakes,if you want to make contact just post it and we will give you our e-mail and phone number John and Catherine most of the above posts about Podlofsky are us we will wait to hear from you Nick.

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    Replies
    1. My mother's lawsuit included several doctors, the hospital itself and the City of New York. If anybody has additional information on Ira Podlofsky, and they would like to share, my e-mail address is footballsportsfan@aol.com I would like to gather as much information to see him lose his license -Nick

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  43. with all the cases podlofsky lost or screwed up ,maybe he should be charged with
    incompetence or being incoherent of losing serious cases,or maybe criminal negligence
    he is destorying lives in his so called mistakes
    john & catherine

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  44. here are some of the cases podlofsky screwed up i belive there are more.
    found on the net
    #1-green v advanced imaging
    #2-maryann imperato
    #3theresa hanlo
    #kimberly haeg v state of new york
    #5isabella v podlofsky
    #6aver v caldwell
    #7casali v cyran
    #8 kitt v podlofsky
    #9 nick about his mother
    #10westport ins v podlfsky
    if you made all these mistakes on your job could you keep your job
    but podlofsky can its hard to belive this
    john & catherine

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  45. Index No. 1336/07 Nicoletti v. City of NY (disposed)
    Index No. 39515/07 Nicoletti v. Vitale, Aldo, M.D. (consolidated to 1335/07)
    Index No. 1335/07 Nicoletti v. Kings County Public (disposed) - NAP case over!!

    My grandmother tripped & fell on the City's sidewalk that led her into the hospital, where the med mal would take place. Why was the lawsuit against the City disposed? hmmmm......

    I wish there was a legal malpractice attorney to review my mother cases as well as all the cases listed by John & Catherine to see how Ira failed as an "attorney"... -Nick

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  46. The corruption and unethical practices in N.Y.C.Courts led by attorneys, magistrates, law clerks etc... will continue to flourish until a documentary regarding such issues is made public knowledge. I have been a victim myself of this corrupt system in Richmond County and at the time was employed in the legal field. I can not begin to describe what I have seen with my own eyes and herad with my own ears.

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    Replies
    1. I have also seen this firsthand. As you said, a documentary of some sort might be the only way to shed light on this and get the attention needed. Their needs to be real accountability.

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  47. Arnold Dijoseph is singled out in the title of this corruption blog . What exactly was his role in this particular case ?????

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  48. We nevrer said that Dijoseph is Corrupt, and this blg is not corrupt it exposes lawyers Podlofsky and court papers showing where he crys bad divorce office problems when the main problem is him and his failing to file cases he is corrupt or sick, but the people that write on this blog have been subjected to his mistakes, above Dijoseph says his office was in a mess, so we all pay for that, what Podlofsky does is criminal and should have his license suspended, we do not know Dijoseph, but if he wants to help us with exposing Podlofsky GOOD, WE ARE NOT HIDING WE HAD OUR PHONE NUMBER ON THE BLOG.

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  49. Dijoseph Anonymous, we wondering what is your relationship with Dijoseph are you related to him or work for him, we have not put this site up it was by Betsy, all we did was write coments about Ira Podlofsky, maybe his office staff should complain about him as he blames all his mistakes on his staff in one of the coments Dijoseph states his office was a mess, when we wrote about divorce and office upheavel it was towards Podlofsky, we do not know Dijoseph but if he wanted to see real justice maybe he would like to represent two families destroyed by Podlofskys office and his mistakes, just let us know we will give you our e-mail or tel# if someone wants to hear the truth John and Catherine

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  50. Whoever is reading this blog was most likely a victim of Ira Podlofsky. I wish there was a legal malpractice attorney who would help put together a class action suit against this so called "attorney". There is got to be an attorney who wants to help. If the attorney don't want to make his name known, please guide me step by step. My email is footballsportsfan@aol.com -Nick

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  51. how can attorney like podlofsky get away with all his unprofessional conduct.
    he blames all his mistakes on divorce or office stafe.i wish someone from his office
    staff.would step up and tell the courts the kind of attorney he is.me and my wife
    will not go away i check every day to see if he made any more mistakes and will
    turn him in to the courts someone will here us some day -pappy45702@aol.com

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  52. help we had a medical malpraticecase it was lost becouse of lack of doucments for the judge to review.we received 6 boxes of legal papers from the attorney who handlel the case,how ever our ariginal catscane and extra part left in my son waa never given back
    to us 6 boxes of paperwork,there was the defendants attorney who had them at the depisition ,we e mailed her 3 times no answer we e mailed the to other attorneys the same qustion and was never answered us back.whate can we do to get our doucments back thank you john & catherine isabella e mail pappy45702@aol.com

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  53. Hi Divorce Anonymous we seen your post about Podlofsky, this is his routine only divorce, he held our medical malpratice for over 20 months and then sent a letter of decline, we went to the Grievance Comm. we had to go to White Plains he was known in the surrounding counties, after a year of fighting he said our case was not filed due to office staffs mistake a horrid lie, the Griev Comm gave him an admonation only, he caused us such pain and suffering, we then got a legal malpratice attorney and according to the Griev Comm, that attorney failed to submit the proper documents for trial so the case was dismissed.We have found 4 similar cases even a no excuse answer now there is another one Nick, and now yours
    he claimed his divorce and office upheavel caused all his problem, but then he open a new general practice with his present original wife in Medford, maybe we can help you or maybe you would like to help us with a statement about your experience with him for us to re-sent to the Griev Comm. to open another grievance, our e-mail is pappy45702@aol.com or call us @718-326-1614 Catherine & John Isabella

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    Replies
    1. podlofsky is also handling cases in NJ with portegello and dijoseph it seems. After so many complaints, they will likely remain on there best behavior.

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  54. Second answer to Podlofskys excuse his girlfriend daughter was sick, he give a care in the world about our sons medical problem, 4 doctors did unnecssay surgeries cut him up and never ran a cat scan or mri to see and extra part was left in him for years all the pain and suffering because no one would do a mri or cat scan, he could no longer work or go to college and due to Podlofskys error in not filing the case missing the statue of limitations our son will never get the means to have his problem reversed so he may be normal, Podlofsky knows for a young man its like a death sentence without John Hopkins Hospital could improve his problem or due a cell transplant, but no Podlofsky missed the staue of limitations so screw our son but he wants sympathy fohis girlfriends daughter, what about our son he lied and deceived us knowing he missed the time limitations and four doctors got off scott free after 13 surgeries that did nothing to help him becasue they did not run a mri or cat scan to see that an extra part was left in him causing pain and suffering for years he complained and all he got was another surgery no doctor looked for the cause they just revised every new surgery the part was like a IV bag about 2" x 3" with 3 nipples cut like cutting slanted with sharp edges. Too bad for you Podlofsky you had no feeling for our son and all you did was tell lies, big time lawyer representing the doctors and then the change to the patients and you said all you could read was a simple x-ray in your deposition, big time lawyer big time fool, from catherine mother of christopher remember him.

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  55. Sounds like a real horror story. Have you tried to go to a higher Court for some measure of justice or is it too late now ? My heart goes out to you and others that have been the victims of deceptive lawyers.

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  56. i would love to know what court podlofsky case is in nj i would go just to see
    him in a court room.and see the out come of the case.................
    john........pappy45702@aol.com

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    Replies
    1. As anon commented above, they are probably on their best behavior out in Redbank NJ where maybe they can find more victims-I mean clients . Legal malpractice suits are not viable after 3 years so if he stays clean for a while he gets a fresh slate. Somehow, I think that the families that have commented on this blog will not let that happen.

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  57. could you please tell me what court house this case is being held at in redbank nj
    thank you john @ catherine E mail pappy45702@aol.com

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    Replies
    1. I don`t know, I think that area is where his office is located though

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  58. We John & Catherine would like all the anonymous readers to go to A v vo.com and see the complaints about Ira Podlofsky, especially the new listing from an attorney who believes in the truth and justice in the title of attorney, he was also had a taste of Podlofskys lies and failings and injustice to us the trusting souls who have lost our cases due to failure to file the case because of office failure NO>>>>>>>>>>>>due to his failures not some clerk in an office, we are still in search of the legal malpractice we are due from Podlofsky and if the attorney would be interested in us and the failure of our sons medical malpractice we would be happy to share our information and be thankful for some help. e-mail pappy45702@aol.com

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  59. when does an attorney like podlofsky with his past history .become a criminal matter
    for the legal system investagation or at least called to go infront of the bar.how many cases
    john pappy45702@aol.com

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    Replies
    1. Unfortunately there have to be several complaints and they have to be serious and well documented. Remember, the people that are looking into and judging the misdeeds of Lawyers are - guess what - Lawyers themselves ! A good, dedicated legal malpractice lawyer that represents plaintiffs only can be worth his weight in gold.

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  60. Nice post. It is such a good article. This post is very informative for all users. Thanks to sharing it...

    Medical Malpractice Settlements

    ReplyDelete
  61. Me and my friend were arguing about an issue similar to this! Now I know that I was right. lol! Thanks for the information you post.
    personal injury attorney in Los Angeles

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  62. to day is my first sons 50thbirthday in heaven he born 5-22-65 and i have to read about
    podlofsky hard life a bad divorce office mistakes not his and the courts felt that was a
    acceptable excuse for the courts.how can the courts not see this attorney is lying to them .he blames divorce the people in his office not him.i pray that someone he heart
    from his staff that he blame we step up and help me to bring him in front of the court
    i will never give up john isabella E mail pappy45702@aol.com 1-718-326-1614
    hope he has the same luck as my family has

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  63. I saw that this blog mentions Arnold Dijoseph. Can anyone give information about their dealings with him ? Ehical, reliability, interpersonal skills, good-bad interactions, lost-won cases or anything that can help me decide if I should let him work on my Appeal.

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  64. hi it's a new year still searching for justice and pray i find it john & catherine

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  65. on march 30.2015 a new commission was made to replace the old grievance com that way run by attorneys old boys club the new commission will be run by the HON.A.GAIL PRUDENTI CHIEF ADMINSTRATIVE JUDGG contact DAVID BOOKSTAVER communication director or ARLENE HACKEL. deputy director---(1 212)428-2015)
    i pray that this helps john

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  66. hi to all the people on this page.i thank you having an interest in my case and i will help anyone i can if you have a case like this.i believe justice is out there and i will keep on looking till i go to my grav.i believe this attorney will make the same mistake again and i will be looking--john
    have a blessed thanksgiving

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