Sometimes the critics are right.  Legal malpractice cases are sometimes simply a reflex and are brought because the attorney is the last person standing.  Carr v Hayes; 2011 NY Slip Op 31655(U); June 17, 2011; Supreme Court, New York County ;Docket Number: 104602-10;
Judge: Saliann Scarpulla appears to be such a case.

"Carr commenced this action by summons and complaint dated April 8,2010. In i is complaint, Cam alleges that his ex-wife, Clements; her attorney in the matrimonial action, who also represented him at the closing of the real estate transaction, Hayes; and his attorney in the matrimonial action, Regina L. Darby (“Darby”), colluded to commit fraud and converted his assets. Cam also alleges that Hayes and Darby breached their fiduciary duty to him and committed legal malpractice. In the matrimonial action Carr and Clements entered into a stipulation of settlement that was incorporated into the judgment of divorce. Pursuant to the settlement, Carr agreed to pay $25,000 of his wife’s legal fees as well as all of his own legal fees. These fees were to be paid from one of a few sources. One of the sources named was the proceeds of the sale of 65 Walker Avenue, Sag Harbor, NY 11963. The stipulation of settlement states that the fees “shall be paid to both lawyers prior to the distribution of any monies to the Husband and Wife.” In accordance with the stipulation of settlement, after the Sag Harbor property was sold, Hayes wrote checks to settle the fees of Darby and herself outstanding from the matrimonial action. Hayes disbursed the remainder of the sale proceeds to Carr and Clements

Carr has failed to allege any facts that could support a cause of action for fraud or aiding and abetting fraud. Carr has simply stated, without factual support, that Darby and Hayes have defrauded him. He repeatedly refers to the Closing Statement provided by Hayes as “fraudulent” and describes the copies of negotiated checks provided by Hayes as “fictitious.” However, at no point in his pleadings or in his affidavit in opposition to defendants’ motion to dismiss does Carr allege facts to show that these documents are forgeries or otherwise fiaudulent. Without some alleged facts or Circumstances to base his claims upon, Carr’s fraud claims must necessarily fail. Merely reciting the elements of fraud is not sufficient to plead fraud under CPLR 3016 ).