Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05330
Pires v Daniella Levi & Assoc., P.C.
Read the official decision: 2026 NY Slip Op 05330
Holding The court affirmed the dismissal of the legal malpractice claim against the Ugalde defendants because the engagement letter conclusively limited their representation to workers’ compensation. The court reversed the denial of dismissal against the Levi defendants because the plaintiff failed to plead specific facts showing that their negligence proximately caused the loss of a viable personal injury claim.
The court’s words
the engagement letter signed by the plaintiff, the authenticity of which is not controverted, utterly refuted the plaintiff's allegations
2026 NY Slip Op 05330, at the official text
the plaintiff failed to plead specific factual allegations supporting a claim that, but for the Levi defendants' alleged negligence, the plaintiff would have prevailed
2026 NY Slip Op 05330, at the official text
the mere hope that discovery may reveal facts essential to justify opposition does not warrant denial of the motion
2026 NY Slip Op 05330, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05330 |
| Area of law | Attorney Discipline and Professional Responsibility |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05330 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 580 |
Recommended citation
ESQ HQ, New York Law Watch, Pires v Daniella Levi & Assoc., P.C., 2026 NY Slip Op 05330 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05330/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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