FKB’s Aaron M. Barham and Benjamin M. Oxenburg successfully obtained a CPLR 3211 dismissal of legal malpractice, breach of contract, and Judiciary Law §487 claims on behalf of a well-regarded tort and insurance litigation attorney. The pro se plaintiff alleged that FKB’s client mishandled the settlement an underlying mold and property damage litigation, claiming collusion with opposing counsel to the plaintiff’s detriment.

In their successful CPLR 3211 motion to dismiss, FKB demonstrated that the plaintiff’s claims lacked legal and factual support, highlighting that the settlement agreement, which the plaintiff voluntarily signed, was consistent with documentary evidence and refuted the allegations of malpractice and duress. The court adopted FKB’s arguments and dismissed all claims in their entirety.

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