FKB wins motion for summary judgment dismissing legal malpractice action against personal injury firm.3/23/09

Hon. Lawrence V. Cullen (Queens County Supreme Court) granted FKB's motion for summary judgment in a legal malpractice action where the defendant-law firm failed to timely commence a lawsuit within the three-year statute of limitations period governing personal injury actions. Justice Cullen agreed that, notwithstanding the breach of the standard of care, the plaintiff failed prove the "case within a case," and to establish requisite elements needed to prove a premises liability action, i.e. actual or constructive notice of the alleged defective or dangerous icy condition in connection with the January 24, 2003 slip and fall accident in an icy Peekskill parking lot. Through plaintiff's own deposition testimony and plaintiff's failure to present admissible evidence substantiating her claim, we were able to successfully demonstrate that the plaintiff was unable to satisfy the requisite proximate causation "but for" element necessary to prove a legal malpractice action.

FKB's Lynn Dukette prepared the winning motion papers.

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