Plaintiff sued and was successful in obtaining a judgment. The judgment was uncollectible. In Ofman v Tenenbaum Berger & Shivers LLP 2020 NY Slip Op 32828(U) July 23, 2020
Supreme Court, Kings County Docket Number: 524482/2019 Judge: Richard Velasquez, Plaintiff alleged that had the attorney been quicker, the defendant would not have been able to leave the US and the judgment would have been collectible. The Court thought not.
“In the present case, accepting the facts as alleged in the complaint as true, according plaintiff the benefit of every possible favorable inference, and determining only whether the facts as alleged fit within any cognizable legal theory the only element the plaintiff satisfies for legal malpractice is the existence of an attorney-client relationship.
Plaintiff has not alleged facts that satisfy any other element of a claim for legal malpractice. Most notably, the plaintiff was successful in the underlying action and cannot
allege that he was unsuccessful. He has not alleged facts showing breach of duty; he has not alleged facts showing ‘but for’ causation; and he has not alleged facts setting forth
actual or ascertainable damages. Therefore, the plaintiff has failed to state a cause of action for legal malpractice.
Accordingly, Defendants, motion to dismiss plaintiff’s complaint is hereby Granted, for the reasons stated above.”