FKB’s client is a prominent New York attorney with extensive experience in state and federal criminal defense. The matter arose from the defendant attorney’s representation of the plaintiff, a police officer who claims he was wrongfully terminated and deprived of his full retirement and pension benefits – damages estimated to exceed $1 million.

The crux of the plaintiff’s complaint was, but for the defendant attorney’s alleged malpractice, the plaintiff would have obtained the full value of his retirement and pension benefits, regardless of his termination from employment. Additionally, the plaintiff raised civil rights claims against various government agencies, alleging that his termination was wrongful and in violation of his civil liberties.

In response to the complaint, FKB file a motion to dismiss pursuant to CPLR 3211(a)(1) and (a)(7), seeking dismissal of the complaint on the grounds that the plaintiff failed to plead a cause of action for legal malpractice – i.e., that the plaintiff was unable to plead and prove that he would have received his full pension and retirement benefits, regardless of any alleged legal malpractice. Rather, FKB argued that an interpretation of various administrative statutes, coupled with plaintiff’s own conduct, led to his termination and necessarily resulted in his loss of pension benefits.

The plaintiff then amended the complaint, to which FKB filed a second motion to dismiss, additionally seeking costs and sanctions against the plaintiff. In response to FKB’s fervent advocacy, coupled with a strong application for sanctions, the plaintiff relented and voluntarily discontinued his claims against FKB’s client with prejudice. This result saved FKB’s client the enormous financial and emotional expense of briefing the motion, as well as potential protracted discovery involving expert witnesses and future lost earnings calculations.

If you have any questions about this case, or the defense of attorneys in general, please contact Andrew S. Kowlowitz or Stefanie A. Singer.