Practice point: Defendant fails to allege a counterclaim for breach of contract if he does not identify the terms of the agreement.
Students should note that a counterclaim cannot sound in legal malpractice if the litigation steps plaintiff took were among several reasonable options.
Case: Sklover & Donath, LLC v. Eber-Schmid, NY Slip Op 02002 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
