In late October, General Civil’s other shareholders fired DiBattista and sued him in November for breach of fiduciary duty and conversion, focusing on the $270,000 transfer. DiBattista claims this was the subject of his inquiry to Parker McCay.
Legal Malpractice and Consequences
Parker McCay and Giletto represented DiBattista in the lawsuit without advising him to consult or engage other counsel. The court required DiBattista to return the funds and provide evidence of authorization for the withdrawals. Lacking paperwork, DiBattista and Nacom eventually settled the case.
DiBattista and Nacom paid nearly $336,770.97 in litigation fees, though Parker McCay claimed a remaining balance of $19,000, which was sent to a debt collection agency. DiBattista negotiated with the agency but could not resolve the fee issues as Parker McCay insisted he sign a general release without consulting independent counsel.
Parker McCay Hit With Malpractice Suit : Claims and Responses
DiBattista has filed claims for breach of contract, legal malpractice, breach of fiduciary duty, negligence, and vicarious liability. Raphael Rosenblatt of Rosenblatt Law PC, representing the plaintiffs, had no further comment beyond the complaint.
