GLRR CONTINUES APPELLATE WINNING STREAK WITH VICTORIES IN SECOND CIRCUIT AND FIRST DEPARTMENT

Gallardo Levin Reiter & Rogers continued its appellate winning streak with victories in legal malpractice cases in the United States Court of Appeals for the Second Circuit and the Appellate Division, First Department. In the Second Circuit case, the Court of Appeals affirmed the pre-answer dismissal of a legal malpractice action stemming from an underlying personal injury action. The plaintiff claimed that her underlying action was dismissed because her attorneys submitted an unsworn report, rather than an affidavit, in opposition to a motion for summary judgment. The District Court and Second Circuit agreed with Gallardo Levin Reiter & Rogers‘ argument that the decision dismissing the underlying action gave Gallardo Levin Reiter & Rogers‘ clients a defense as a matter of law. In the First Department case, the Appellate Division affirmed the pre-answer dismissal of a legal malpractice action stemming from an underlying medical malpractice action. The plaintiffs claimed that their underlying claims against one of the doctors were discontinued without their consent. Gallardo Levin Reiter & Rogers established that the complaint failed to adequately plead that the plaintiff had a viable claim against the doctor. Both cases were handled by Gallardo Levin Reiter & Rogers Partner Matt Flanagan and Associate Jenna Fierstein.