In response, Hagar pointed to New York state law, asserting that an exception exists for cases involving professional negligence in the presence of fraud, collusion, malicious acts, or special circumstances, even without an attorney-client relationship.
Phillips Nizer Can’t Ditch Real Estate Malpractice Suit: Judge’s Verdict
In a dramatic twist, Justice Boddie delivered a decisive blow to the defense, rejecting the motion to dismiss the malpractice claim. The judge acknowledged the exceptional circumstances under which a malpractice cause of action could be asserted without an attorney-client relationship.
However, the prima facie tort claim was dismissed, as Hagar failed to present necessary evidence showing malevolence as the attorneys’ sole motive.
Phillips Nizer Responds – Denies Allegations and Questions Merit
When approached for comment, Phillips Nizer issued a firm statement, dismissing Hagar’s claims as containing false statements and lacking legal merit. The legal battle now intensifies as both parties brace for a protracted courtroom confrontation.
