A former business partner suing Giuseppe “Joe” Giudice for fraud can’t proceed with a malpractice cause of action against Giudice’s lawyer for failing to warn him.

Superior Court Judge Robert Polifroni dismissed Joseph Mastropole’s claim against John Testa and his firm, Mizzone & Testa in Little Falls, finding he was not aware of any wrongdoing and thus had no affirmative duty to Giudice, who was not his client.