Dismissal of a legal malpractice action based upon documentary evidence

Where a defendant/law firm moves for dismissal of a legal malpractice action based upon documentary evidence, it must establish that the documents are a complete defense to the other action; otherwise, the motion will be denied and the action will be permitted to go forward.

The court stated in, Hershco v Gordon & Gordon, 155 AD3d 1007 [2d Dept 2017], “A motion to dismiss on the basis of CPLR 3211(a)(1) may be granted “only where the documentary evidence utterly refutes plaintiff’s factual allegations, conclusively establishing a defense as a matter of law” (Goshen v. Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326, 746 N.Y.S.2d 858, 774 N.E.2d 1190; see 413 Throop, LLC v. Triumph, the Church of the New Age, 153 A.D.3d 1306, 1307, 61 N.Y.S.3d 307). On a motion to dismiss pursuant to CPLR 3211(a)(7), the court must accept the facts alleged in the complaint as true and afford the proponent the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see *39 Leon v. Martinez, 84 N.Y.2d 83, 87, 614 N.Y.S.2d 972, 638 N.E.2d 511; East Hampton Union Free School Dist. v. Sandpebble Bldrs., Inc., 66 A.D.3d 122, 125, 884 N.Y.S.2d 94, affd 16 N.Y.3d 775, 919 N.Y.S.2d 496, 944 N.E.2d 1135).”

– R. A. Klass
Your Court Street Lawyer

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Richard Klass Appointed Treasurer of Brooklyn Bar Association and Brooklyn Brandeis Society

On Wednesday, June 14, 2017, The Brooklyn Bar Association (BBA) held an induction ceremony for its officers and newly-elected trustees. The ceremony took place in the ceremonial courtroom of Borough Hall with nearly 250 people in attendance. The Hon. Jeffrey Sunshine, a past president of the BBA, installed Aimee Richter as its newest president.

Richard Klass was installed as treasurer, continuing Mr. Klass’ long tradition of dedicating himself to the success of this highly-esteemed organization.

In addition, at the annual meeting of the Brooklyn Brandeis Society held on June 6, 2017, Hon. George J. Silver, deputy chief administrative judge for NYC Courts, swore in the organization’s new officers and directors. These included Andrew Fallek as president, Judge Katherine Levine as secretary, Richard Klass as treasurer, Aimee Richter and Avery Okin as vice presidents and Hon. Ellen Spodek as president-elect.

 

R. A. Klass
Your Court Street Lawyer

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