Litchfield Cavo Obtains Summary Judgment for Defense in Legal Malpractice Case
New York Associate Krupa Shah won a summary judgment motion in defense of a legal malpractice case in Kings County, New York. Plaintiff’s legal malpractice action against our client, a well-known personal injury law firm, claimed that it negligently represented her in her roadway trip-and-fall lawsuit against the City by failing to submit an expert’s report in admissible form to oppose the City’s motion for summary judgment, resulting in dismissal of her lawsuit.
In moving for summary judgment in plaintiff’s malpractice action, we successfully argued that even if the defendant law firm had submitted the expert’s report in admissible form in the underlying case, the motion for summary judgment would still have been granted against the plaintiff, as there was no evidence that the underlying defendant City had prior written notice of the roadway defect, and that notice is necessary for a claim against the City under its Administrative Code. Because of the lack of the required notice to the City, the admission of plaintiff’s expert report would not have overcome the motion for summary judgment in the underlying case.