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A fashion model’s legal malpractice lawsuit against Boies, Schiller & Flexner and former partner Andrew Hayes has been dismissed.
Mary Anne Fletcher hired the firm in 2003 to represent her in claims targeting two modeling agencies and Macy’s department store. Boies Schiller, meanwhile, was representing a class of models against agencies in two actions. Shortly after hiring Boies Schiller, Fletcher joined the class actions.
She settled with Macy’s and the modeling agencies, and for each settlement, she was represented by counsel other than Boies Schiller. She also was compensated when the class actions settled.
She filed suit against Boies Schiller in 2007 in Manhattan Supreme Court for legal malpractice, asserting she would have been “more highly compensated” for each claim but for its alleged malpractice.
In 2008, Justice Richard Lowe III dismissed the suit. Less than two years later, the Appellate Division, First Department, reinstated two causes of action against the firm and Hayes. But Justice Eileen Bransten found Wednesday in Fletcher v. Boies, Schiller & Flexner, 114698/2007, that Fletcher failed to demonstrate the merits of her claims.
Fletcher alleged that Boies Schiller committed malpractice by representing her individually and the class plaintiffs. Even assuming a conflict existed, Bransten said Fletcher’s claim that the firm violated conduct rules did not, in and of itself, establish a malpractice claim.
Fletcher also claimed the firm made a late filing in the bankruptcy of one of the agencies, resulting in a less-than-full recovery. But Bransten noted the claim was accepted by the bankruptcy court and Fletcher did not demonstrate that the value of her underlying claim was more than the settlement.
Fletcher’s attorney, Douglas Capuder, of Capuder Fazio Giacoia, did not return for comment. Robert Dwyer, a Boies Schiller partner representing the firm, declined to comment. Hayes, who left the firm in 2005, could not be reached for comment.