Gershkovich v. Miller, Rosado & Algios

KINGS COUNTY
Legal Profession

New York Law Journal

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Justice David Schmidt

Law firm Miller, Rosado & Algios (MRA) moved to renew its prior motion for summary judgment, and upon renewal, dismissal of the legal malpractice suit arising from its representation of plaintiffs in the purchase of two commercial condo units. Attorney Rosado was retained by attorney Welsher solely to represent plaintiffs in the closing of the purchase of the units, while all other aspects of the purchase were done by Welsher. MRA moved to renew, arguing the testimony of plaintiffs at their deposition contradicted the affidavit relied on by them to defeat MRA's summary judgment motion. The court found MRA established reasonable justification for its failure to submit new facts as they were unknown when the original motion was made, granting renewal. It also found MRA established entitlement to judgment dismissing plaintiffs' complaint, noting that contrary to plaintiff Gershkovich's affidavit, his deposition testimony indicated he never discussed anything specific regarding an offering plan or by-laws with Rosado. Thus, as the affidavit could no longer provide a basis for an issue of fact to defeat MRA's prima facie showing, it did not negligently advise plaintiffs and the court granted MRA dismissal.

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