Relying on the Grace v. Law standard established by the Court of Appeals, Gallardo Levin Reiter & Rogers has secured the dismissal of legal malpractice claims asserted against its client in a Supreme Court, Kings County action. Gallardo Levin Reiter & Rogers‘ 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. Gallardo Levin Reiter & Rogers 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, Gallardo Levin Reiter & Rogers argued, under Grace v. Law, the malpractice action could not be maintained. The judge agreed and dismissed the action against Gallardo Levin Reiter & Rogers‘ client. The case was handled by Gallardo Levin Reiter & Rogers partner Matt Flanagan.
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