Brenner v. Reiss Eisenpress, LLP

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about August 11, 2016, which granted defendants’ motion to dismiss the complaint, unanimously modified, on the law, the motion denied with respect to the breach of contract and breach of fiduciary duty claims, and otherwise affirmed, without costs.

In this action commenced by plaintiffs against defendants based on defendants’ representation of plaintiffs in an underlying federal court action, dismissal of the legal malpractice claim was proper since the claim rested on retrospective complaints about the outcome of…