New York Court Dismisses Legal Malpractice Claim Where Plaintiff Contradicted Prior Testimony

In Walker v. Shaevitz & Shaevitz, 2021 NY Slip Op 1799 (Appellate Division Second Department) the court affirmed the dismissal of a legal malpractice claim where the plaintiff attempted to create an issue of fact with her testimony. The problem for the plaintiff was that her testimony in the legal malpractice case contradicted her testimony in the underlying case. Result: summary judgment for defendant. The court found that the contradictory testimony was insufficient to create an issue of fact.

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Ed Clinton, Jr.

http://www.clintonlaw.net