Mar 15th, 2016

FKB’s Andrew S. Kowlowitz and Brandon H. Weinstein obtain dismissal of a legal malpractice claim in connection with an Attorney’s representation of a landlord in an underlying landlord-tenant/non-payment proceeding

FKB successfully obtained pre-answer dismissal on a Motion to Dismiss from Justice Dufficy in Queens County Supreme Court.

In the underlying non-payment proceeding brought by the Landlord in the New York City Civil Court, the Attorney secured a final judgment for its client for back rent. The judgment was appealed by Plaintiff, pro-se, several times and was summarily upheld. Thereafter, the Claimant alleged that FKB’s client engaged in various acts of misconduct during the course of the underlying litigation. Namely, the Plaintiff asserted causes of action for (1) legal malpractice; (2) gross negligence; (3) harassment; (4) intentional harm; (5) intentional emotional distress; (6) defamation; (7) contributory negligence; and (8) discrimination of pro se rights and human rights.

FKB filed a pre-answer motion to dismiss the Complaint pursuant to CPLR 3211 on the grounds that the causes of action asserted in the Complaint were either insufficiently plead, could not be stated against the Defendant, were legally non-existent, and/or were time-barred by the applicable statutes of limitations. In turn, the pro-se Plaintiff filed a cross-motion in opposition FKB’s motion.

In the Decision and Order, Justice Dufficy agreed with all of FKB’s arguments in support of dismissal. Additionally, the Judge granted FKB’s request that the Plaintiff be precluded from filing additional motion practice, except by Order to Show Cause.

If you have any questions about this decision, or the defense of professionals in general, please contact Andrew S. Kowlowitz or Brandon H. Weinstein.