Claim That Law Firm Neglected Litigation Survives Dismissal
An upstate appellate court agreed (on July 11, 2019) that a client suing a law firm for malpractice during a litigation should have his case heard by a jury. The trial court held that the law firm's motion to dismiss the client's case on the ground that the complaint failed to state a cause of action was baseless. The former client alleged that the law firm ignored his calls and emails, canceled depositions that were never rescheduled and neglected to conduct any discovery or use documents he provided which could have been used to prove his valuable counterclaim. The plaintiff's allegations were supported by an affidavit and documents which led the Court to refuse the drastic remedy of dismissal. Graves v Stanclift, Luderman, 2019 N.Y. Slip Op. 05608
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