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VOLPE v. MUNOZ AND ASSOCIATES, LLC

155110/19. Appeal No. 12975. Case No. 2020-00083.

190 A.D.3d 661 (2021)

136 N.Y.S.3d 736

2021 NY Slip Op 00516

Ray Volpe, Individually and Derivatively on Behalf of Ray-Joe Consulting, LLC, Appellant, v. Munoz and Associates, LLC, et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2021.

Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Garden City ( Rachel A. Morgenstern and Daniel E. Shapiro of counsel), for appellant.

Winget Spadafora & Schwartzberg, LLP, New York ( Anthony D. Green of counsel), for respondents.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

The complaint fails to state a cause of action for legal malpractice. First, it does not allege an attorney-client relationship between the attorneys and plaintiff. Although there was no written retainer agreement, the parties' conduct makes clear that the attorneys performed services solely for the LLC that was formed by plaintiff and defendant Joseph Cohen (see Wei Cheng Chang v Pi, 288 A.D.2d 378 [2d Dept 2001], lv denied<...

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