FKB’s Rachel Aghassi and Victoria A. Yachkouri successfully obtain a pre-answer dismissal on a legal malpractice action in the Supreme Court, Queens County.

Plaintiff alleged that FKB’s client breached their retainer agreement, was negligent, and committed legal malpractice by not settling Plaintiff’s case. Plaintiff then moved for default judgment of the requested relief of $2,000,000. FKB moved in opposition to the motion for default, arguing FKB’s client was not properly served, and cross-moved to dismiss Plaintiff’s Complaint.

In denying Plaintiff’s motion and dismissing Plaintiff’s Complaint, Justice Lancman (Queens County, Supreme Court) agreed with FKB’s arguments that Plaintiff was not entitled to default judgment because Plaintiff failed to establish a viable cause of action. Justice Lancman further agreed that Plaintiff’s legal malpractice cause of action must be dismissed because the Complaint’s allegations are vague and conclusory, and fail to assert that FKB’s client breached any standard of care. Further, Justice Lancman agreed with FKB’s argument that Plaintiff’s breach of contract and negligence causes of action must be dismissed as duplicative of the legal malpractice cause of action.

If you have any questions about this decision, or the defense of lawyers in general, please contact Rachel Aghassi or Victoria A. Yachkouri.