Maksimiak v. Schwartzapfel Novick Truhowsky Marcus, P.C.

The motion court properly determined that plaintiff failed to state a cause of action for legal malpractice. The documentary evidence established that plaintiffs successor counsel had sufficient time and opportunity to adequately protect plaintiffs rights. Indeed, plaintiffs English counsel timely commenced a lawsuit in England based on the underlying motor vehicle accident that occurred in England. Accordingly, defendants’ alleged negligence cannot be considered a proximate cause of plaintiffs alleged injury (see Somma v Dansker & Aspromonte Assoc., 44 AD3d 376 [2007]).

The court also…