FKB’s Andrew R. Jones and Jason H. Seiler obtain reversal on appeal in the Appellate Division, First Department on behalf of an attorney accused of legal malpractice.

Plaintiff alleged that the attorney committed malpractice in their underlying case when they: (1) voluntarily discontinued claims against a particular third-party defendant in 2017; and (2) failed to challenge the Supreme Court’s omission of the Plaintiff’s underlying negligence cause of action against their Co-op Board when the claim was referred to a judicial hearing officer in 2018.

FKB’s motion to dismiss was originally granted with respect to the first theory of malpractice (and despite being initially noticed for appeal by the Plaintiff, was ultimately abandoned).  But the motion was denied by the Supreme Court with respect to the second theory of malpractice – the failure to challenge the Supreme Court’s omission of the underlying negligence claim. However, after full briefing and oral argument, the First Department reversed the Supreme Court’s denial of that portion of FKB’s motion with respect to the second theory of malpractice, unanimously and dismissed the entire Complaint for failure to state a cause of action for malpractice.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Andrew R. Jones or Jason H. Seiler.