Appeals Court Throws Out Legal Mal Suit Against Matrimonial Law Firm Over Divorce Action
The allegations of legal malpractice "are inadequate to sufficiently allege that the stipulation of settlement that the plaintiff entered into with his former wife was effectively compelled ... by the mistakes of counsel," the Appellate Division, Second Department ruled.
October 05, 2020 at 02:37 PM
3 minute read
A state appeals court has tossed out a legal malpractice lawsuit launched by a former client against a matrimonial law firm after the former client hired the firm to represent him in divorcing his wife, fired the firm one month after a note of issue was filed in the action, hired a replacement law firm and then settled the divorce for an amount he was not satisfied with.
In addressing the legal malpractice action brought by plaintiff Louis Katsoris against the White Plains-based firm of BodnarMilone, an Appellate Division, Second Department panel called the malpractice claim "conclusory" and wrote that the "general allegations" that "the plaintiff [Katsoris] was caused to incur 'additional legal fees'" to the second law firm and suffered "'adverse financial consequences,' and 'direct financial damage,' were all conclusory and inadequate to constitute actual, ascertainable damages."
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