Physician is sued for office rent. It’s a lot and the case comes down to whether he signed a guarantee or not. Eventually his attorneys submit an unsworn report (affidvavit ?) of a handwriting expert. Not good enough. Legal malpractice follows and is dismissed in Antell v Goldstein 2020 NY Slip Op 32573(U) August 6, 2020 Supreme Court, New York County
Docket Number: 161770/2019 Judge: Kathryn E. Freed. Unsworn reports of experts are really of no value and cannot be considered by the Court. The legal malpractice flounders on the “but for” rule.
“Antell clearly failed to meet this test, since the complaint is devoid of any mention of a breach by defendants of their duty to him, the standard of care owed to him by the defendants, or proximate cause. 2 Nor does Antell allege that the defendants were negligent. Doc. 5. Therefore, the legal malpractice claim is dismissed pursuant to CPLR 3211(a)(7). Even assuming, arguendo, that the claim was properly pleaded, plaintiff has failed to establish that he would have prevailed in the underlying action but for the defendants’ malpractice (see U Joan Sung v Park, 181 AD3d454 [!81 Dept 2020]) given Justice Hagler’s finding that the expert report submitted by Antell did not conclusively establish that the signature on the guaranty was a forgery. Doc. 6 at 22.”