Ashmeen Modikhan
94-22 Magnolia Court, Unit 1B
Ozone Park, NY 11753
Pro Se Debtor
April 30, 2023
Richard F. Artura, Esq.
Phillips, Artura & Cox, Esqs.
165 South Wellwood Avenue
Lindenhurst, New York 11757
Tel.: (631) 226-2100, x. 305
Fax: (631) 226-2160
RE: DEMAND FOR SETTLEMENT.
Dear Sir,
This letter follows your email(s) dated March 14th and 17th 2023, advising me to go through the Court’s Order dated February 18, 2022, and prepare a demand for settlement.
You affirmed the said Order, where the Court held that my legal malpractice claim against your client was sufficiently pled. Notably, your client committed malpractice when he counseled me to pay chapter 13 plan payments in addition to trial modification payments; when his employees failed to answer my inquiries promptly, completely, or correctly and when he collected attorneys’ fees for post-petition work without bankruptcy court approval.
First, your client’s conducts caused me distress and emotional harm, when I tired. “The object of compensatory damages is to make the injured client whole.” See Campagnola v. Mulholland, Minion & Roe, 76 N.Y.2d 38, 42, 555 N.E.2d 611, 556 N.Y.S.2d 239 (1990).
Next, I am entitled to litigation expenses. “A plaintiff’s damages may include ‘litigation expenses incurred in an attempt to avoid, minimize, or reduce the damage caused by the attorney’s wrongful conduct.’” See Rudolf v. Shayne, Dachs, Stanisci, Corker & Sauer, 8 N.Y.3d 438, 443, 867 N.E.2d 385, 388, 835 N.Y.S.2d 534, 537 (2007).
Lastly I am entitled to the payment of $1,435 owed in attorney’s fees.
In light of the foregoing, I demand payment as follows:
- Emotional Harm- $10,000
- Attorney’s Fees- $1,435
- Litigation Expenses- $2,000
SUM TOTAL $13,435
Please note that it is in the best interests of both parties to settle this matter. Therefore, we have prepared an offer of $13,435 to have this settled.
A response to this letter is required within seven days of the receipt thereof.
I hope to resolve this matter as soon as possible.
Sincerely,
______________________
Ashmeen Modikhan
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