Professional Negligence Law Reporter

A New York appellate court held that an attorney, law firm, and purported client did not have an attorney-client relationship for purposes of a legal negligence claim arising out of an underlying slip-and-fall case.

Maimounatou Boukari sued Schwartzberg Associates, LLC, and Raymond Schwartzberg, alleging legal negligence based on the alleged failure to file a lawsuit in his slip-and-fall case. The trial court denied the defendant’s motion to dismiss or for summary judgment.

Reversing, the appellate court noted that the record conclusively established, as a matter of law, that the defendants had clearly informed the plaintiff in writing during their initial meetings that they were merely assisting her in substituting counsel in a workers’ compensation matter and that they declined to represent her in any personal injury action against a building owner related to her slip and fall. The plaintiff’s signature confirmed these written notifications, the court added, noting that the plaintiff had not submitted an affidavit setting forth her version of the initial conversations or supporting the contention that the defendants had agreed to represent her on a personal injury claim.

Therefore, the court held that the trial court had erred in denying dismissal or summary judgment in favor of the defense.

Citation: Boukari v. Schwartzberg Assocs., LLC, 225 A.D.3d 417 (N.Y. App. Div. Mar. 7, 2024).