One may not sue the opponent’s attorney for legal malpractice, except for a very few and limited number of exceptions, yet the temptation to do so must be very high in matrimonial cases.  One tactic in custody proceedings is the false accusation of misconduct.  The wrongfully accused spouse would love to sue the other spouse’s attorney.  Here, in Tenore v Kantrowitz, Goldhamer & Graifman, P.C.  2014 NY Slip Op 06811  Decided on October 8, 2014  Appellate Division, Second Department the case failed.

"The plaintiff commenced this action against the defendant law firm, which represented his former wife in a matrimonial action against him, alleging a violation of Judiciary Law § 487, fraud, and abuse of process. The plaintiff alleged, inter alia, that the defendant included in the underlying matrimonial action a cause of action to recover damages for assault that was without any factual basis, in an attempt to extract additional money from him in the course of that litigation. The defendant moved for summary judgment dismissing the complaint in the instant action, and the plaintiff cross-moved for leave to amend that complaint to add causes of action to recover damages for a violation of General Business Law § 349, prima facie tort, and malicious prosecution. The Supreme Court granted the defendant’s motion and denied the plaintiff’s cross motion.

The Supreme Court properly granted that branch of the defendant’s motion which was for summary judgment dismissing the cause of action alleging a violation of Judiciary Law § 487. The defendant demonstrated its prima facie entitlement to judgment as a matter of law by establishing its lack of intent to deceive (see Dupree v Voorhees, 102 AD3d 912, 913). In opposition, the plaintiff failed to raise a triable issue of fact."