FKB’s Andrew R. Jones and Salvatore Lapetina obtained a pre-answer dismissal of a legal malpractice lawsuit filed in the Supreme Court, Queens County, by a former client who alleged FKB’s client, an experienced attorney, failed to commence an action for assault and battery within the applicable statute of limitations period.

In its CPLR 3211(a)(1) and (a)(7) motion to dismiss, FKB successfully argued that the Plaintiff was precluded from asserting a legal malpractice action because no attorney-client relationship existed for at least six months prior to the expiration of the applicable statute of limitations, and FKB’s client did not agree to pursue Plaintiff’s claims for assault and battery. The Court (Judge Janice A. Taylor) also agreed with FKB’s argument that Plaintiff was unable to establish any damages as a result of the alleged malpractice, as Plaintiff still had viable claims for the same assault and battery pending against other parties. 

If you have any questions about this decision, or the defense of attorneys in general, please contact  Andrew R. Jones and Salvatore Lapetina.