Legal Malpractice Action Levied by NY Doctor Against Medical Malpractice Law Firm Is Dismissed
The Appellate Division, First Department court focused on Dr. Peter Foley Rizzo's failure to "adequately plead proximate causation" as part of his malpractice counterclaim lodged against the Manhattan-based firm of Belair & Evans, which had sued the physician for allegedly unpaid legal fees.
December 16, 2022 at 02:44 PM
5 minute read
Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM
A state appeals court has thrown out a doctor's legal malpractice counterclaim against the medical malpractice-focused firm of Belair & Evans, which had sued the physician for nearly $17,000 in allegedly owed legal fees.
In a terse opinion, the Appellate Division, First Department court focused on Dr. Peter Foley Rizzo's failure to "adequately plead proximate causation" as part of his malpractice counterclaim lodged against the boutique Manhattan law firm, which devotes most of its practice to defending medical and legal malpractice suits and other professional-liability matters, according to online sites and court documents.
But the five-justice First Department panel did allow Rizzo's other counterclaims against Belair & Evans, which court documents say include breach of contract, unjust enrichment, and fraud-based claims, to go forward.
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