Attorneys obtained summary judgment dismissal of all counts and claims in a legal malpractice action

Attorneys obtained summary judgment dismissal of all counts and claims in a legal malpractice action where the plaintiff claimed her divorce attorney negligently failed to include a prayer for alimony in a motion for default judgment resolving all ancillary matters in the underlying Family Court action. Plaintiff's expert had offered the opinion that in a default posture, the Family Court judge would have awarded alimony in a certain amount. During discovery, when given the opportunity to demonstrate the math by which she had arrived at that number, plaintiff's expert could not do so; rather, it was shown the plaintiff actually had a net monthly income which would prohibit her from being eligible for any alimony award. The Court's opinion granting summary judgment specifically found that the attorney-client "did not commit any act of legal malpractice" in her representation of plaintiff.