Schoeman v. Dobi

Order, Supreme *573Court, New York County (Paula Omansky, J.), entered December 30, 1998, which denied plaintiffs motion for partial summary judgment dismissing defendant’s counterclaim for legal malpractice, unanimously reversed, on the law, without costs, plaintiffs motion granted and defendant’s counterclaim for legal malpractice dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff represented defendant in a matrimonial action and failed to request the Trial Judge to execute a certificate of acknowledgment of a 13-year old postnuptial agreement. The postnuptial opting out…