FKB’s A. MICHAEL FURMAN AND AARON M. BARHAM OBTAIN A PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE COUNTERCLAIMS ARISING FROM AN UNDERLYING PRISON BURN INJURY CASE

06/22/2020

FKB’s  A. Michael Furman and Aaron M. Barham obtained a pre-answer dismissal of a legal malpractice counterclaim brought against FKB’s client, a personal injury litigator who sought to recoup contingency fee proceeds from an underlying prison burn injury settlement. 

In its successful pre-answer motion to dismiss, FKB annexed documentary evidence that disproved the claimant’s allegations that FKB’s client purportedly failed to properly process settlement documents and investigate applicable liens.   The Court (Justice Alan C. Marin) also agreed with FKB’s argument that “a plaintiff’s conclusory allegations that merely reflect a subsequent dissatisfaction with the settlement […] without more, do not make out a claim of legal malpractice.”   See Boone v. Bender, 74 A.D.3d 111 (2d Dept. 2010).

If you have any questions about this decision, or the defense of attorneys in general, please contact  A. Michael Furman and Aaron M. Barham

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