Legal malpractice case could not proceed since damages claim was speculative.

In Miami Capital, LLC v Hurwitz, 101 NYS3d 598 [1st Dept 2019], the court determined that the client’s legal malpractice case could not proceed since the damages claim was speculative, holding:

Defendant’s motion was properly granted because while plaintiff anticipates that it could be subject to a rescission claim at some point in the future, such alleged damages are purely speculative and not yet ripe. Since damages in a legal malpractice case are designed “ to make the injured client whole ” (Campagnola v. Mulholland, Minion & Roe, 76 N.Y.2d 38, 42, 556 N.Y.S.2d 239, 555 N.E.2d 611 [1990] ), having failed to plead actual damages, plaintiff’s complaint fails to state a claim (see Heritage Partners, LLC v. Stroock & Stroock & Lavan LLP, 133 A.D.3d 428, 19 N.Y.S.3d 511 [1st Dept. 2015], lv denied 27 N.Y.3d 904, 2016 WL 1692057 [2016]; Lavanant v. General Acc. Ins. Co. of Am., 212 A.D.2d 450, 622 N.Y.S.2d 726 [1st Dept. 1995] ).

R. A. Klass
Your Court Street Lawyer

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