Hulslander and Prial Preclude Plaintiff from Pursuing Damages in Multi-Million Dollar Malpractice Action

Kevin Hulslander and Vic Prial, after many years of discovery and motions, convinced a Saratoga County judge to preclude all evidence of damages in a legal malpractice action seeking more than $8,000,000 stemming from several large commercial transactions.  Plaintiff alleged he was forced to personally pay millions of dollars to settle foreclosures on mortgages underlying multiple CMBS loans. Unfortunately for him, the plaintiff failed or refused to provide evidence he personally paid any money toward the settlement.  After several sets of interrogatories and several lengthy, detailed notices to produce followed by an unsuccessful early motion for summary judgment and multiple motions to compel, plaintiff simply failed to adequately respond to the demands.  The judge, over a year ago, granted defendants’ motion to compel and most recently granted defendants’ motion to preclude any evidence of damages at trial completely eviscerating plaintiff’s malpractice action.