FKB’s A. Michael Furman and Florence N. Lishansky obtain dismissal of a legal malpractice claim arising from three separate underlying commercial litigations


This legal malpractice action arises from FKB’s client’s representation of the Plaintiff in three separate litigations over the course of two years. After the Plaintiff failed to remit payment for these legal services, FKB’s client initiated an action to recover unpaid legal fees. In response, the Plaintiff commenced this action against FKB’s client alleging legal malpractice, breach of fiduciary duty, and fraud.

FKB filed a pre-answer motion to dismiss the Complaint pursuant to CPLR 3211 on the grounds that the causes of action asserted in the Complaint were insufficiently plead, could not be adequately stated against FKB’s client, and were time-barred by the applicable statute of limitations. Following oral argument, Justice Rakower (New York County Supreme Court) issued a decision from the bench, dismissing the Complaint in its entirety as against FKB’s client.

If you have any questions about this decision, or the defense of attorneys in general, please contact A. Michael Furman or Florence N. Lishansky.


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