FKB’s Andrew R. Jones and Joshua E. Lahijani secured a pre-answer dismissal of claims of legal malpractice and violations of NY Judiciary Law § 487 on behalf of an attorney and his firm with respect to dismissal of an underlying podiatric malpractice case.
Plaintiff filed an action against FKB’s client that represented the Plaintiff in an underlying podiatric malpractice action. Plaintiff’s claims in the underlying action was marked off twice prior to FKB’s client being retained. The underlying Court denied a motion by FKB’s client on behalf of Plaintiff to revive the case. FKB’s client appealed on behalf of Plaintiff. Instead of perfecting the appeal, Plaintiff terminated the relationship, retained new counsel, let the time to perfect elapse, and filed suit against FKB’s client seeking $5,000,000 in damages.
FKB moved to dismiss, arguing that Plaintiff failed to show that FKB’s client was the proximate cause of the alleged loss, Plaintiff forfeited any interest in the underlying action by its willing failure to perfect the appeal, and the alleged acts do not come close to reaching the required high level of deceit/collusion under NY Judiciary Law § 487.
Justice Velasquez (Kings County, Supreme Court) agreed with FKB’s arguments and dismissed the complaint in its entirety.