Friday, December 19, 2008
An order granting summary judgment in a legal malpractice case was affirmed by the New York appellate Division for the First Judicial Department. The law firm had represented the client in an arbitration and the client (plaintiff here) was unhappy with the amount of the award:
In this action for legal malpractice, plaintiff claims that his attorneys' failure to offer sufficient expert testimony concerning the valuation of his damages resulted in an inadequate arbitration award. However, plaintiff fails to offer any viable legal basis upon which the arbitration panel could have reached a substantially different result. Thus, plaintiff cannot establish that the outcome of the proceedings would have been more favorable but for defendants' asserted failure to present evidence, and the complaint must be dismissed.
The underlying case had involved claims of breach of contract and specific performance in connection with an IPO. (Mike Frisch)