FKB’s Andrew Jones and Emily DePaola obtained dismissal of a legal malpractice action concerning an underlying real estate/legal fee recovery claim. FKB successfully argued a CPLR 3211(a) Motion to Dismiss in Queens County Supreme Court, where the Hon. Karen Lin agreed with all of FKB’s arguments and dismissed all six (6) of the attorney-plaintiff’s causes of action.

The Court agreed with Andrew and Emily’s argument that Plaintiff’s effort to void the deed in question and recover attorneys’ fees must be dismissed because Plaintiff had failed to allege that FKB’s attorney client was a debtor or transferee. Additionally, the Court adopted all of FKB’s arguments that Plaintiff’s tortious interference with contract, aiding and abetting breach of the UVTA, and violation of Judiciary Law 487 claims must be dismissed because Plaintiff’s amended complaint failed to allege the necessary elements.

 If you have any questions about this matter, the defense of attorneys or other professionals please contact Andrew Jones or Emily DePaola.