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Legal Malpractice & Attorney Discipline Law Appellate Court Opinion

by Agati, Taryn

 

AC44388 - Gottesman v. Kratter ("These two appeals arise from actions brought by the plaintiff, Amy B. Gottesman, concerning an underlying marital dissolution action. In Docket No. AC 44297, the plaintiff appeals from the judgment of the trial court granting (1) the motion for summary judgment filed by the defendant, Mark M. Kratter, on the plaintiff's claim for legal malpractice against Kratter and (2) the motion to strike count two of the revised complaint alleging breach of contract. Specifically, she claims that the court erred in granting summary judgment for failure to disclose an expert witness when she had not been precluded from disclosing an expert and because the time in which she was required to disclose had not yet expired. With respect to the motion to strike, she claims that the court erred in concluding that the allegations in the revised complaint failed to allege that the defendant breached an agreement to reach a specified result. In Docket No. AC 44388, the plaintiff appeals from the judgment of the trial court granting the motion for summary judgment filed by the defendant law firms, the Law Offices of Mark M. Kratter, LLC, and Kratter & Gustafson, LLC, as to counts one and thirteen of the third revised complaint, which alleged claims against the law firms for legal malpractice and transferee liability, respectively. Specifically, she claims that the court improperly rendered summary judgment because the law firms failed to demonstrate the absence of a genuine issue of material fact and because the time in which she had to disclose an expert witness in support of her claim of legal malpractice against the law firms had not yet expired. Although the appeals have not been consolidated, we write one opinion for purposes of judicial economy in which we assess the claims raised in both appeals. We affirm the judgments of the trial court.")