Appellate Division Affirms GLRR’s Summary Judgment Victory

Gallardo Levin Reiter & Rogers has secured the appellate dismissal of a contentious legal malpractice action asserted against its clients following the conclusion of a matrimonial proceeding. After the trial resulted in a judgment of divorce in the underlying action, plaintiff commenced a lawsuit against Gallardo Levin Reiter & Rogers‘ clients asserting, among other things, that Gallardo Levin Reiter & Rogers‘ clients committed legal malpractice in failing to introduce sufficient evidence of plaintiff’s former spouse’s dissipation of martial assets and of his egregious conduct during the marriage. Gallardo Levin Reiter & Rogers successfully disposed of the bulk of plaintiff’s claims by pre-answer motion to dismiss pursuant to CPLR §3211, and ultimately obtained summary judgment of the remaining legal malpractice cause of action at the conclusion of discovery. The Supreme Court determined that Gallardo Levin Reiter & Rogers established prima facie entitlement to summary judgment as a matter of law based upon the attorney judgment rule and lack of causation. The Appellate Division, Second Department, unanimously affirmed the ruling below holding that Gallardo Levin Reiter & Rogers met its burden by establishing that Gallardo Levin Reiter & Rogers‘ clients did not fail to exercise the requisite skill and knowledge in their representation of the plaintiff. The case was handled by Gallardo Levin Reiter & Rogers Partners, Gary Petropoulos and Christopher Rogers.