Soliman v. O'Connor, McGuinness, Conte, Doyle & Oleson
Court: Appellate Division of the Supreme Court of the State of New York; June 18, 2014; New York; State Appellate Court
In a legal malpractice case, the defendants, who represented a physician in a disciplinary proceeding by the State Board for Professional Medical Conduct, appealed an order that denied their motion for summary judgment to dismiss the complaint. The Supreme Court's order was reversed, and the defendants' motion was granted. The plaintiff faced license revocation but accepted a settlement negotiated by the defendants, which placed him on probation with practice restrictions. The consent agreement allowed for the removal of restrictions after one year, and the plaintiff successfully had some restrictions lifted after hiring new counsel. The court held that for a legal malpractice claim, a plaintiff must prove that the attorney's failure to exercise reasonable skill caused damages. The defendants demonstrated they met the standard of care and that any alleged breach did not cause the plaintiff's damages. The plaintiff failed to present factual disputes to counter the defendants' claims. Additionally, the causes of action for breach of contract and breach of fiduciary duty were based on the same facts as the malpractice claim, leading to their dismissal as well. The appellate court concluded that the defendants were entitled to summary judgment, dismissing the complaint entirely.