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Mark D. Shifton and Gary Strong Prevailed on a Motion for Summary Judgment in a New Jersey Legal Malpractice Case


In February, Mark D. Shifton and Gary Strong prevailed on a motion for summary judgment in a New Jersey legal malpractice case. Our client, a New Jersey real estate attorney, was sued for his alleged failure to properly verify certain documents during the refinancing of a residential property. Plaintiff (who alleged a conspiracy of fraud between our client, the settlement company, and other parties) alleged claims of ordinary negligence, professional negligence, and fraud. After the plaintiff’s counsel failed to timely serve an affidavit of merit, Mark and Gary filed a motion for summary judgment. The plaintiff’s counsel opposed our motion, arguing that, given the unique factual circumstances of the case – including the allegations of fraud, he was not required to serve an affidavit of merit. The Court granted our motion, and dismissed Plaintiff’s claims for ordinary and professional negligence with prejudice. The Court also dismissed Plaintiff’s fraud claims without prejudice, and Plaintiff’s counsel ultimately agreed not to replead any allegations against our client. Our client was dismissed from the entire case without any payment, and prior to our engaging in any discovery.