March 7, 2008
Malpractice Claim Dismissed
The New York Appellate Division for the First Judicial Department held that a claim of legal malpractice was properly dismissed when the plaintiff failed to submit an expert affidavit to counter the affidavit filed on behalf of the defendant law firm. The court concluded that the "corporate plaintiff's dire financial situation was brought on by factors independent of defendant's professional representation" in a bankruptcy matter.
The court further held:
"These deficiencies were not cured by the affidavit of plaintiffs' principal, which failed to establish that but for defendant's alleged malpractice, the corporate plaintiffs would have successfully reorganized in Chapter 11 proceedings. Even if this Court were to consider plaintiff's "failure to advise" claim, an attorney's selection of one among several reasonable courses of action does not constitute malpractice. (citations omitted)." (Mike Frisch)
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