FKB’S ANDREW S. KOWLOWITZ, SHARI SCKOLNICK AND DAVID FURMAN DISMISS PLAINTIFF’S COMPLAINT BY WAY OF CPLR § 3211 PRE-ANSWER MOTION TO DISMISS

04/15/2021

FKB’s Andrew S. Kowlowitz, Shari Sckolnick and David Furman were successful in obtaining a dismissal of a legal malpractice lawsuit filed in Supreme Court County of Rockland, stemming from the representation of Plaintiff in his divorce action with his former spouse. The Court dismissed the Complaint with respect to the legal malpractice cause of action ruling that Plaintiff is collaterally estopped from commencing a malpractice action because of the default judgment obtained against Plaintiff in his separate fee dispute action. The court determined that since the default judgement pertains to the same legal services that Plaintiff bases his legal malpractice claim on, he is collaterally estopped from asserting those claims in this action. With respect to the causes of action for breach of contract and breach of fiduciary duty, the court ruled that those causes of action are duplicative of the legal malpractice cause of action as they arose from the same set of facts and do not allege distinct damages.

If you have any questions about this decision, or the defense of attorneys in general, please contact Andrew S. Kowlowitz, Shari Sckolnick or David Furman.

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