Friday, December 8, 2017

"Gross Speculations"

The plaintiff in a legal malpractice complaint was free to amend the allegations but the case was "nevertheless" properly dismissed

Nevertheless, the amended complaint must be dismissed, because plaintiff's claim that, but for defendants' negligence, he would have recovered the full $3 million that he was owed during the bankruptcy filed by nonparty Majestic Capital, Ltd., consists of "gross speculations on future events" (Sherwood Group v Dornbush, Mensch, Mandelstam & Silverman, 191 AD2d [*2]292, 294 [1st Dept 1993]; see also Heritage Partners, LLC v Stroock & Stroock & Lavan LLP, 133 AD3d 428 [1st Dept 2015], lv denied 27 NY3d 904 [2016]; Turk v Angel, 293 AD2d 284 [1st Dept 2002], lv denied 100 NY2d 510 [2003]).

The New York Appellate Division for the First Judicial Department decision is linked here.  (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2017/12/gross-speculations.html

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