FKB’s Andrew Jones and Shari Sckolnick obtained a pre-answer dismissal of a complicated legal malpractice action from Westchester County Supreme Court, arising from an underlying foreclosure proceeding.  Plaintiff, an investor in a loan, alleged legal malpractice, a claim for punitive damages and purported breaches of the Rules of Professional Conduct arising from FKB’s client’s representation of a nominee lender and serving agent in a foreclosure action.  The Court dismissed all of the plaintiff’s claims, finding that that plaintiff’s status as an investor in a loan was insufficient to create an attorney-client relationship.   The Court also barred plaintiff from repleading.

The decision can be viewed here. If you have any questions about this decision, or the defense of attorneys in general, please contact Andrew Jones and Shari Sckolnick.