May 9th, 2024

FKB’s Andrew R. Jones and Alec Neimand Obtain Pre-Answer Dismissal for Real Estate Attorney

FKB’s Andrew R. Jones and Alec Neimand secured pre-answer dismissal of a legal malpractice complaint on behalf of a real estate attorney in Nassau County Supreme Court.

Plaintiff alleged FKB’s client committed malpractice by allegedly not advising Plaintiff that the name of a third-party contributing to Plaintiff’s purchase of home would be listed on the deed. In securing dismissal on failure to state a claim grounds, FKB successfully argued that the Plaintiff did not satisfy the proximate cause requirement because Plaintiff failed to allege that Plaintiff would not have purchased the home if Plaintiff had been advised regarding the third-party.

If you have any questions about this decision or the defense of professionals generally, please contact Andrew R. Jones or Alec Neimand.