FKB recently obtained pre-answer dismissal of a legal malpractice and Judiciary Law § 487 action brought against a plaintiff’s personal injury attorney arising from the handling of an underlying motor vehicle accident matter.

In their motion to dismiss, FKB argued that the plaintiff could not adequately plead proximate cause because the underlying action allegedly lacked sufficient value to satisfy New York’s “serious injury” threshold under Insurance Law § 5102(d). The motion also challenged plaintiff’s attempt to transform generalized dissatisfaction with counsel’s representation into a Judiciary Law § 487 claim — a statute imposing liability for attorney deceit or collusion — and emphasized that alleged disciplinary rule violations do not independently create a private cause of action.

FKB regularly defends attorneys and other professionals against malpractice and ethics-based claims. For more information about FKB’s professional liability practice, please contact Aaron M. Barham or Alec Neimand.