FKB’s Aaron M. Barham and Asher Kest obtained a CPLR 3211(a)(1) dismissal of a legal malpractice action on behalf of a New York-based real estate law firm and attorney in New York County Supreme Court. The plaintiff, a private lender, alleged that FKB’s clients failed to obtain title insurance or properly record mortgages in connection with two Florida real estate loan transactions totaling $1.3 million.

In their successful motion to dismiss, FKB pointed to documentary evidence from the plaintiff’s own Florida litigation, in which the plaintiff affirmatively alleged that a non-party title agent—not FKB’s clients—was responsible for obtaining title insurance and handling the closings. That title agent was later convicted for orchestrating a sweeping mortgage fraud scheme involving dozens of transactions, including the two loans at issue in this case.

The Court agreed with FKB’s position, holding that these prior sworn allegations conclusively refuted the malpractice claims and warranted dismissal under CPLR 3211(a)(1).

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Aaron M. Barham or Asher Kest.