Professional Negligence Law Reporter

A New York appellate court held that an attorney may be liable to his former client for allegedly providing legal advice that led her to sign an unfavorable, binding divorce settlement.

Lisa Blumencranz sued her former divorce attorney, alleging that he had provided negligent legal advice that resulted in her agreeing to a disadvantageous, binding settlement with her former spouse. The defendant moved for summary judgment, arguing that the plaintiff had entered into the stipulation of settlement voluntarily and that his actions were not the proximate cause of her alleged injuries. The trial court denied the defendant’s motion.

Affirming, the appellate court noted that to succeed on a summary judgment motion, a movant must make a prima facie showing of an entitlement to judgment as a matter of law, providing evidence that eliminates any material issues of fact. Here, the court found, the defendant failed to show a lack of triable issues of fact on whether his advice to the plaintiff constituted a failure to exercise the requisite skill and knowledge expected of an attorney and whether such actions were the proximate cause of the plaintiff’s alleged damages.

Citing case law, the court concluded that this failure to make a prima facie showing warranted the trial court’s denial of the defendant’s summary judgment motion.

Citation: Blumencranz v. Botter, 2020 WL 2047516 (N.Y. App. Div. Apr. 29, 2020).

Plaintiff counsel: Miriam Skolnik and Sharyn Rootenberg, New York City.