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CG&P Obtains Dismissal of Legal Malpractice Claims

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CG&P Obtains Dismissal of Legal Malpractice Claims

Relying on the Grace v. Law standard established by the Court of Appeals, CG&P has secured the dismissal of legal malpractice claims asserted against its client in a Supreme Court, Kings County action. CG&P’s client represented the plaintiff in a matrimonial action. The judge presiding over the matrimonial action issued a decision which was unfavorable to the plaintiff, and the plaintiff claimed the unfavorable ruling was the result of his attorney’s malpractice. CG&P moved to dismiss the action, arguing that the matrimonial judge’s ruling was legally incorrect and would have been reversed if appealed by the plaintiff’s subsequent attorney. Therefore, CG&P argued, under Grace v. Law, the malpractice action could not be maintained. The judge agreed and dismissed the action against CG&P’s client. The case was handled by CG&P partner Matt Flanagan.