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A.H. HARRIS & SONS, INC. v. BURKE, CAVALIER, LINDY & ENGEL

202 A.D.2d 929 (1994)

610 N.Y.S.2d 888

A.H. Harris & Sons, Inc., Appellant, v. Burke, Cavalier, Lindy and Engel, P. C., as Successors in Interest to Herzog, Engstrom, Burke, Koplovitz & Cavalier, P. C., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 31, 1994

Supreme Court correctly dismissed the complaint in this legal malpractice action for failure to state a cause of action. Plaintiff's sole allegation of negligence is its assertion that defendants failed to call available witnesses to the stand at trial. However, given an attorney's freedom to choose among several strategies or courses of action, the mere allegation that defendants failed to present admissible evidence, without pleading...

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