In _Markov v Barrows_, 172 NYS3d 434, 435 [1st Dept 2022], the court dismissed the legal malpractice action as follows:
Supreme Court properly dismissed plaintiff’s legal malpractice cause of action in the original complaint because he failed to allege that “but for” defendant’s negligent conduct, he would have prevailed in the underlying action…
Gorbatov v Tsirelman, 206 AD3d 887, 889-90 [2d Dept 2022] is a good reminder about complying with discovery demands in litigation.
“Conclusory allegations of damages or injuries predicated on speculation cannot suffice for a malpractice action” (Bua v. Purcell & Ingrao, P.C., 99 A.D.3d at 848, 952 N.Y.S.2d 592; see Wald v. Berwitz, 62 A.D.3d 786, 787, 880 N.Y.S.2d 293; Holschauer v. Fisher, 5 A.D.3d 553, 554, 772 N.Y.S.2d 836), and “dismissal is warranted where the allegations in the complaint are merely conclusory and speculative” (Bua v. Purcell & Ingrao, P.C., 99 A.D.3d at 848, 952 N.Y.S.2d 592; see Hashmi v. Messiha, 65 A.D.3d 1193, 1195, 886 N.Y.S.2d 712; Riback v. Margulis, 43 A.D.3d 1023, 1023, 842 N.Y.S.2d 54).
Under Judiciary Law § 487(1), an attorney who “[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party” is liable to the injured party for treble damages. “Judiciary Law § 487 ‘applies to an attorney acting in his or her capacity as an attorney, not to a party who is represented by counsel and who, incidentally, is an attorney’ ”
In Natl. Air Cargo, Inc. v Jenner & Block, LLP, 203 AD3d 1655 [4th Dept 2022], the court dismissed the legal malpractice action based on the following basis: A motion to dismiss a complaint based on documentary evidence “may be appropriately Read More »
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