DiGennaro and Lastorino Obtain Discontinuance

April 17, 2017 | Professional Liability

Janice DiGennaro and Carol Lastorino obtained a discontinuance with prejudice of all claims against their client for legal malpractice, breach of fiduciary duty, breach of contract, fraud and a violation of Judiciary Law 487.  The claims flowed from the assertion that the client failed to secure the consent of the plaintiff’s former business partners on a written agreement to sell their interest to plaintiff in a real estate limited liability company which owned valuable ocean front property in Montauk, New York.

Janice and Carol made a pre-answer motion to dismiss the complaint and argued that the plaintiff’s claims were based on sheer speculation and plaintiff could not assert or establish the requisite “but for” causation to sustain his negligence claims or a material misrepresentation of fact for his fraud claim.  The Judiciary Law claim was subject to dismissal because plaintiff did not allege facts establishing a deceitful statement by our client at all, let alone in a pending judicial proceeding.  After the motion was filed, plaintiff’s counsel was so concerned that our client would sue plaintiff, that he chose to discontinue all of the claims against our client with prejudice.

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