Whether a medical professional can establish legal malpractice when attorneys allegedly failed to timely respond to professional misconduct charges

No question identified. : Decision from the New York State Court of Appeals 10/21/2025 State of New York Court of Appeals Decided and Entered on the twenty-first day of October, 2025 Present, Hon. Rowan D. Wilson, Chief Judge, presiding. Mo. No. 2025-302 James R. Caputo, &c., . Appellant, v. Richaid S. Tubiolo, &c., et al., Respondents. Appellant having moved for leave to appeal to the Court of Appeals in the above cause; Upon the papers filed and due deliberation, it is ORDERED, that the motion is denied with one hundred dollars costs and necessary reproduction disbursements. Heather Davis Clerk of the Court -2800 CA 23-01338 Sauer, 8 NY3d 438, 442 [2007]). Here, plaintiff alleges that defendants deviated from the standard of care by failing to timely answer the statement of charges asserted by OPMC in a professional misconduct proceeding, and the evidence that defendants submitted in support of their motion establishes that defendants did not have an attorney-client relationship with plaintiff at the time of the default (see Berry v Utica Natl. Ins. Group, 66 AD3d 1376, 1376 [4th Dept 2009]). Plaintiff's unilateral belief that he was defendants' client is insufficient to confer that status upon him (see id.) . We further conclude that defendants established that any negligence on their part was not a proximate cause of plaintiff's alleged damages (see Dabiri v Porter, 227 AD3d 860, 861 [2d Dept 2024]; Casey v Exum, 219 AD3d 456, 457 [2d Dept 2023]). In opposition to the motion, plaintiff failed to raise an issue of fact (see generally Zuckerman, 49 NY2d at 562). We reject plaintiff's contention that the court abused its discretion in denying that part of his cross-motion seeking leave to amend the pleading to conform to the evidence pursuant to CPLR 3025 (c) (see generally Broadway Warehouse Co. v Buffalo Barn Bd., LLC, 143 AD3d 1238, 1240-1241 [4th Dept 2016] ; General Elec. Co. v Towne Corp., 144 AD2d 1003, 1004 [4th Dept 1988], Iv dismissed 73 NY2d 994 [1989]). "Although leave to amend [a pleading] should be freely granted, it will not be granted if the proposed amendment is without merit or would cause prejudice to the opposing party" (Fingerlakes Chiropractic v Maggio, 269 AD2d 790, 791 [4th Dept 2000]; see generally Guest v City of Buffalo, Dept, of Sts. Sanitation, 109 AD2d 1080, 1081 [4th Dept 1985]). Here, plaintiff seeks to amend his complaint to include allegations that he had an attorney-client relationship with defendants on or before the deadline for submitting an answer to the charges in the professional malpractice proceeding. As previously noted, however, defendants established on their motion that plaintiff did not have an attorney-client relationship with defendants on or before the date the answer was due, and thus the proposed amendment is without merit (see generally Knight v Realty USA.COM , Inc., 96 AD3d 1443, 1445 [4th Dept 2012]). We have reviewed plaintiff's remaining contentions and conclude that none warrants modification or reversal of the order and judgment. Entered: March 14, 2025 Ann Dillon Flynn Clerk of the Court Memorandum and Order by the Supreme Court of the State of New York Appellate Division: Fourth Department 3/14/2025 ■ILED: APPELLA CA 23-0133 yscef doc . no. 64 Appellate Division, Fourth Judicial Departments^ : 05/08/202 ... ~ CA 23-01338 PRESENT: SMITH, J.P., MONTOUR, GREENWOOD, AND KEANE, JJ. JAMES R. CAPUTO, M.D., PLAINTIFF-APPELLANT , V RICHARD S. TUBIOLO, ESQ., BRYAN S. KORNFIELD, ESQ., AND HIRSCH & TUBIOLO, P.C., .MEMORANDUM AND ORDER JAMES R. CAPUTO, M.D., PLAINTIFF-APPELLANT PRO SE. BARCLAY DAMON LLP, ROCHESTER (TARA J. SCIORTINO OF COUNSEL) , FOR . Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Elena F. Cariola, J.), entered July 21, 2023. The order and judgment granted the motion of defendants for summary judgment, dismissed the complaint and denied the cross-motion of plaintiff seeking, inter alia, leave to amend the complaint. I