Legal Malpractice Claim Fails Without Allegations of Damages

On July 2, 2019, the First Department issued a decision in Miami Capital, LLC v. Hurwitz, 2019 NY Slip Op. 05332, dismissing a legal malpractice claim for lack of allegations of damages, explaining:

Since damages in a legal malpractice case are designed to make the injured client whole, having failed to plead actual damages, plaintiff's complaint fails to state a claim.

(Internal citations omitted).

We both bring and defend professional malpractice claims and other claims relating to the duties of professionals such as lawyers, accountants and architects to their clients. Contact Schlam Stone & Dolan partner Erik Groothuis at egroothuis@schlamstone.com if you have questions regarding such claims or appeals of such claims.