Almost unheard of, Plaintiff was granted summary judgment on liability in this legal malpractice case.

Reem Contr. v Altschul & Altschul  2020 NY Slip Op 32301(U)  July 13, 2020  Supreme Court, New York County  Docket Number: 104202/2011  Judge: Kelly A. O’Neill Levy is the one-in-a-million where Plaintiff obtains a summary judgment order in a legal malpractice setting.

“”A legal malpractice claim requires a showing that the attorney was negligent, that her negligence proximately caused the loss in question, and that the pla,intiffs sustained actual
damages … To prevail on a summary judgment motion, the attorney must show that she exercised an “ordinary (degree of) skill and knowledge.” Mah v. 40-44 West J 20th St. Associates, LLC, 65 Misc3d l2l5(A) (1st Dep’t 2019) (citing Bishop v. Maurer, 33 AD3d 497, 498 [!st Dept. 2006], affd 9 NY3d 910 [2007]; Bakcheva v. Law Offs. q{Stein & Assoc, 169 AD3d 624, 625 [2d Dept. 20 J 9]). “While the issue of whether certain conduct constitutes legal malpractice is generally a factual detennination to be made by the jury. a plaintiff will be entitled to summary judgment in a case where there is no conflict at all in the evidence. the defendant’s conduct fell below any permissible standard of due care. and the plaintiffs conduct was not really involved.” Selletli v Liotti. 22 A.D.3d 739 (2d Dep’t 2005).

“Expert testimony is normally needed to establish that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession.·· Northrop v. Thorsen, 46 A.D.3d 780 (2d Dep’l 2011). To this end. Plaintiffs have submitted a signed expert report from Bennett J. Wassennan, Esq. which concludes in detail that Defendants were negligent and that there is a direct causal link between Defendants’ negligence and actual damages that Plaintiff incurred”

” This case presents an extraordinary situation where this Court can appreciate how Plaintiffs’ expert came to the conclusion that Defendants’ “failure to retain a liability expert in a
timely fashion, failure to secure a proper expert report in a timely fashion, and failure to properly oppose the underlying plaintiffs’ motion for summary judgment” was “a substantial causative factor” in a determination ofliability that was potentially avoidable where, as here, Defendants’ failure to retain a liability expert in a timely fashion, failure to secure an expert report in a timely fashion, and failure to oppose plaintiffs’ motion for summary judgment are a substantial causative factor in determining liability.

Plaintiffs’ motion for summary judgment as to liability is granted. ”