Patrick D. Egan of Winget, Spadafora & Schwartzberg LLP’s New York office obtained summary judgment in a legal malpractice action in the Supreme Court of the State of New York, Kings County.  The plaintiff claimed that the defendant attorney was negligent in connection with his representation of the plaintiff in an underlying personal injury action against the New York City Transit Authority, resulting in the dismissal of said action.  The plaintiff claimed to have required multiple surgeries in her lumbar and cervical spine secondary to injuries allegedly sustained in the underlying personal injury action and sought significant damages from our client regarding same.

Mr. Egan focused the defense of this matter on the “case within a case,” and argued, with extensive medical expert support, that the injuries allegedly sustained by the plaintiff were not proximately caused by the underlying personal injury accident.  The Supreme Court agreed and granted summary judgment in favor of the defendant.  Plaintiff subsequently filed a motion to re-argue the court’s dismissal of the complaint, which the Supreme Court likewise denied.

This matter was handled by Patrick D. Egan, a partner in the New York office of Winget, Spadafora & Schwartzberg, LLP.  He can be reached at egan.p@wssllp.com.