Practice point: To support the cause of action, the factual allegations must establish the necessary element of causation, namely, that "but for" the alleged acts or omissions, plaintiff would not have incurred any damages.
Practitioners should note that the mere failure to disclose malpractice does not give rise to a cause of action alleging fraud or deceit, apart from the underlying malpractice cause of action.
Case: Reichenbaum v. Cilmi, NY Slip Op 05954 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
