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Court Dismisses Malpractice Claim Arising Out of Failed Appeal

Plaintiff claimed that her lawyer was negligent in his handling of her appeal from a case in which plaintiff claimed that Well Fargo had discriminated against her. Plaintiff’s legal malpractice case was dismissed because plaintiff could not show how any lawyer could have won the appeal. The court put it this way: “Here, this Court finds plaintiff’s arguments do not prevail, and even if the defendant executed a different strategy, and whether the defendant had submitted certain documents, facts, or allegations at the time of the appeal, that would not have rendered plaintiff a more favorable outcome on her appeal. The plaintiff’s grievances or disappointment in the outcome of her appeal handled by the defendant does not constitute legal malpractice.” Jackson v. Law Offices of Peter Sverd, PLLC, 2024 NY Slip Op 30413, New York Supreme Court 2024. In sum, the plaintiff could not satisfy the case-within-the-case requirement.

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