FKB obtained a pre-answer dismissal of an action for legal malpractice and breach of fiduciary duty against FKB’s client arising from employment litigation. FKB’s A. Michael Furman and Christopher D. Skoczen successfully argued that the plaintiff had failed to set forth a valid cause of action for either legal malpractice or breach of fiduciary duty. Justice Loren Baily-Shiffman of Supreme Court, Kings County agreed with FKB’s arguments and granted dismissal at oral argument.
In its successful pre-answer motion to dismiss, FKB argued that the plaintiff’s allegations failed to present facts evidencing a breach of the attorney’s duty to the client, necessary to establish a valid claim of legal malpractice. FKB argued that the plaintiff’s complaints regarding the attorney’s services amounted solely to issues of strategy. FKB argued further that the plaintiff’s allegations that the settlement of her claims by the attorney was inadequate were flatly rebutted by the documentary evidence, and amounted solely to plaintiff’s second thoughts about her decision to resolve the underlying matter. Justice Baily-Shiffman correctly determined that the plaintiff’s allegations did not state a cause of action for legal malpractice or breach of fiduciary duty and dismissed the action pursuant to CPLR § 3211(a)(7).