Bluestonelawfirm iconBluestonelawfirmSep 28, 2026 ~1 min source read

A Rare Reversal of a Legal Malpractice Dismissal

Katsoris v Bodnar & Milone, LLP 2026 NY Slip Op 05089 August 26, 2026 Appellate Division, Second Department is a case where the unusual happened. The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

A Rare Reversal of a Legal Malpractice Dismissal

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Katsoris v Bodnar & Milone, LLP 2026 NY Slip Op 05089 August 26, 2026 Appellate Division, Second Department is a case where the unusual happened.

The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

The defendant moved pursuant to CPLR 3211(a)(7) to dismiss the complaint in the 2018 action.

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Katsoris v Bodnar & Milone, LLP 2026 NY Slip Op 05089 August 26, 2026 Appellate Division, Second Department is a case where the unusual happened. The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint. The defendant moved pursuant to CPLR 3211(a)(7) to dismiss the complaint in the 2018 action.

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Plaintiff was able to reverse the dismissal of a legal malpractice claim. In 2018, the plaintiff commenced an action (hereinafter the 2018 action) against the defendant to recover damages for legal malpractice and breach of fiduciary duty as a result of the defendant's representation of the plaintiff in an underlying matrimonial action against his wife. According to the complaint in the 2018 action, approximately one month after the note of issue was filed in the underlying matrimonial action, the plaintiff terminated the defendant's services, retained another law firm, and settled the underlying matrimonial action.

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