![]() ![]() Furthermore, while a recitation of the elements of a cause of action may meet that component of CPLR 3013 requiring that the statements in a pleading provide notice of "the material elements of a cause of action," the statute also requires that the pleading's statements be "sufficiently particular to give the court and parties notice of the transactions, occurrences or series of transactions or occurrences, intended to be proved" (CPLR 3013 cf. Merely alleging the elements of a legal malpractice claim in a general fashion, without more, does not satisfy the liberal pleading standard of CPLR 3211. Absent from the amended complaint is any mention of an instance of deficient representation or any example of erroneous advice by defendants. , would not have incurred a loss in time and value in the debt on the collection and foreclosure cases assigned to defendant." Other than these vague and conclusory allegations, however, plaintiff failed to plead any specific facts, which, if accepted as true, would establish a legal malpractice claim. The amended complaint further alleged that "had not failed to advise the cases in a timely and competent manner. The amended complaint alleged that, but for defendants' failure to provide timely and competent legal services, plaintiff would have succeeded in the underlying debt collection and mortgage foreclosure actions. v Davis Polk & Wardwell, 8 NY3d 428, 434 see Hinsdale v Weiermiller, 126 AD3d 1103, 1104 ). "Dismissal of the complaint is warranted if the plaintiff fails to assert facts in support of an element of the claim, or if the factual allegations and inferences to be drawn from them do not allow for an enforceable right of recovery" (Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d 137, 142 ).Ī legal malpractice claim requires that the plaintiff show that "the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession which results in actual damages to a plaintiff, and that the plaintiff would have succeeded on the merits of the underlying action 'but for' the attorney's negligence" (AmBase Corp. Notwithstanding the broad pleading standard, bare legal conclusions with no factual specificity do not suffice to withstand a motion to dismiss (see Godfrey v Spano, 13 NY3d 358, 373 New York State Workers' Compensation Bd. Such favorable treatment, however, "is not limitless" (Tenney v Hodgson Russ, LLP, 97 AD3d 1089, 1090 ). When assessing a pre-answer motion to dismiss for failure to state a cause of action, we accept the allegations in the complaint as true and accord the plaintiff every favorable inference (see Goshen v Mutual Life Ins. ![]() Supreme Court granted defendants' pre-answer motion to the extent of dismissing the breach of contract cause of action. In opposition to defendants' pre-answer motion, plaintiff submittedĪn amended complaint, which added two paragraphs but otherwise mirrored the original complaint. Prior to serving an answer, defendants moved to dismiss the complaint under CPLR 30 (a) (7). In particular, plaintiff alleged that it retained defendants to provide legal services in connection with the collection of debts and foreclosure matters in which plaintiff was the mortgagee. Plaintiff commenced this action against defendants alleging causes of action for legal malpractice, breach of contract and fraud. Luibrand of counsel), for respondent.Īppeal from an order of the Supreme Court (Cahill, J.), entered Novemin Ulster County, which partially denied defendants' motion to dismiss the amended complaint. Luibrand Law Firm, PLLC, Latham (Kevin A. ![]() Four-Rosenbaum of counsel), for appellants. Traub Lieberman Straus & Shrewsberry LLP, Hawthorne (Chelsea A. QUARTARARO & LOIS, PLLC, et al., Appellants.īefore: Peters, P.J., Garry, Rose, Aarons and Rumsey, JJ. MID-HUDSON VALLEY FEDERAL CREDIT UNION, Respondent, ![]() This opinion is uncorrected and subject to revision before publication in the Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |