FKB’s Andrew R. Jones, Jason H. Seiler and Sarah Igarashi successfully obtained a CPLR § 3211 dismissal of legal malpractice claims on behalf of a real estate and loft law legal attorney. The plaintiff alleged malpractice against FKB’s client on the grounds that the statute of limitations on a personal injury claim had run, despite FKB’s client having obtained a significant settlement on behalf of the Plaintiff encompassing the claims. In a successful CPLR § 3211 motion to dismiss, FKB argued that the plaintiff’s claims lacked legal and factual support, highlighting the doctrine that legal malpractice plaintiffs must plead proximate causation of actual and ascertainable damages. The Hon. Gina Abadi (Kings County, Supreme Court) agreed with FKB’s argument and dismissed the legal malpractice claims against FKB’s client.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Andrew R. Jones, Jason H. Seiler or Sarah Igarashi.