Kevin Schlosser Writes, "Legal Malpractice Action Fails Because Underlying Fraud Claim Barred by Disclaimers"

I have commented frequently on the critical role of the element of justifiable reliance on the cause of action for fraud. See, e.g., the Topic “Justifiable/Reasonable Reliance.” In fact, I have shown that fraud claims can and should be summarily dismissed at the pleadings stage or on summary judgment if justifiable reliance is not adequately alleged or substantiated. See Fraud Claims Can be Summarily Dismissed Where Reasonable Reliance is Lacking.

In the new decision of the Appellate Division, First Department, in Markov v. Barrows, 2022 NY Slip Op 04780 (1^st Dep’t Decided Aug. 2, 2022), contractual disclaimers refuted any claimed justifiable reliance thereby dooming both the underlying fraud claim and the legal malpractice upon which it was based.

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