DiGennaro and Lewis Obtain Pre-Answer Dismissal of Complex ClaimsNovember 29, 2017 | Janice J. DiGennaro | Shari Claire Lewis |
Janice DiGennaro and Shari Lewis secured pre-answer dismissal in the Nassau County Supreme Court Commercial Division of complex claims of legal malpractice involving $70 million worth of real damages based upon alleged malpractice of predecessor lawyers in the prosecution of fraud claims. The case was a legal malpractice within a legal malpractice within a fraud claim presenting complex causation, statute of limitations and duty issues. In a 24-page decision, the Court dismissed the action on every single ground alleged in our motion, including absence of duty based upon a limited scope retainer, absence of causation due to the internal flaws with the underlying fraud claim, statute of limitations bar and release. The Court addressed all of the issues raised in the motion which in effect made the decision appellate proof to the delight of our lawyer clients.