Traub Lieberman congratulates Jonathan Harwood and Christopher Russo on their victory.

May 13, 2008

Traub Lieberman Straus & Shrewsberry LLP congratulates Jonathan Harwood and Christopher Russo on their victory in the case of Susan Boglia v. Edward Greenberg and Greenberg & Reicher, LLP, venued in the Supreme Court of the State of New York, County of Nassau.

The Boglia matter involved allegations of legal malpractice. In the complaint, plaintiff alleged that the Greenberg law firm was retained to commence a divorce proceeding and pursue plaintiff’s rights in obtaining the equitable distribution of marital property and attorney fees. Plaintiff alleged that the Greenberg law firm failed to advise plaintiff of a settlement offer that was made during the course of the matrimonial action, which was greater than the settlement later obtained and greater than what she would have obtained at trial. Rather than accept the offer, plaintiff alleged that the Greenberg law firm negligently advised her to pursue her rights to equitable distribution with respect to certain real property, which was acquired by plaintiff’s husband prior to the marriage. Plaintiff claimed that the Greenberg law firm’s negligence caused her to accept a disadvantageous settlement and incur unnecessary legal expenses.

Attorneys Jonathan Harwood and Christopher Russo filed a motion for summary judgment. In their motion papers, counsel argued, amongst other things, that the plaintiff failed to establish that the Greenberg law firm breached any duty owed to her or that any alleged breach was the proximate cause of damages. The court agreed, and dismissed the plaintiff’s claims against the Greenberg law firm, with prejudice. In so doing, the court agreed with defendants’ argument that the law supported the Greenberg law firm’s assertions concerning equitable distribution and that plaintiff’s damages were too speculative to support a legal malpractice claim. Plaintiff thereafter filed a motion for leave to reargue the order, which granted summary judgment on behalf of the Greenberg law firm. This motion was denied.

Traub Lieberman Straus & Shrewsberry LLP applaud the efforts of Mr. Harwood and Mr. Russo on behalf of their client.

Click for a PDF copy of the decision.