Karen M. Lager of MOODK’s New York City office secured dismissal of a complaint in its entirety which alleged legal malpractice and breach of fiduciary duty in New York State Supreme Court, New York County. Hon. Lynn R. Kotler ruled in favor of attorney-defendants in an action brought by a former client in connection with an underlying business dispute and several ensuing underlying litigations. The Court found that Plaintiff released the attorney-defendants from liability and failed to establish that the release should be set aside, and that plaintiff failed to plead the breach of fiduciary duty claim with the particularity required by the CPLR. The Court also denied Plaintiff’s motion to amend the complaint on the ground that it was futile in light of the pleading deficiencies.
October 10, 2020