Kenneth Labbate and Jodi Tesser Obtain Summary Judgment - Queens County Supreme Court - Legal Malpractice Claim Dismissed

MCW&G's Motion to Dismiss was granted on behalf of its client who was sued by a former client for alleged malpractice in the drafting of a real estate contract.  The Contract of Sale was drafted for the purchase of a parcel which was to be subdivided prior to closing.  After the Seller refused to close on transaction, litigation counsel was hired under signed retainer agreement to commencement a specific performance proceeding to compel closing.  After closing, suit was filed claiming malpractice for alleged deficiencies in Contract of Sale which deficiencies purportedly effected title to the property.

The Court accepted the arguments advanced by MCW&G that plaintiff's claim was barred by the three year statute of limitations for legal malpractice in so far as plaintiff signed the Contract of Sale on September 22, 2003 but did not file suit until June 12, 2008.  The court rejected plaintiff's counter arguments that the statute of limitations did not commence until the closing occurred on June 24, 2005 nor was the court persuaded by the unsubstantiated but sworn to testimony of the underlying plaintiff that he was "under the impression" that MCW&G's client continued to be involved in the transaction after the time litigation counsel was formally retained.