A legal malpractice action against Schulte Roth & Zabel, linked to one of the firm’s partners drafting a postnuptial agreement between a sometimes client of the firm and that man’s wife, must be dismissed because there was “no attorney-client relationship” established for the postnuptial agreement work, a state appeals court ruled.

“The course of conduct among the parties demonstrated by the documentary evidence, particularly the repeated communications from defendants [Schulte Roth & Zabel and Schulte partner Susan Frunzi] to plaintiff clearly disclaiming an attorney-client relationship and advising plaintiff and his wife to consult independent counsel, refute plaintiff’s general allegations that Frunzi was his attorney in connection with the negotiation and execution of the postnuptial agreement,” wrote the Appellate Division, First Department in its dismissal opinion.

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