Blogs

Posts Categorized: Professional Malpractice

Posted: November 22, 2017

Mere Error in Judgment Cannot Be Basis for Malpractice Claim

On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Telecommunications Systems Inc., 2017 NY Slip Op. 07954, holding that a mere error in judgment cannot be the basis for a legal malpractice claim, explaining: On appeal, defendant argues that plaintiff’s filing of a sanctions motion, instead of… Read more »

Posted: November 21, 2017

Expert Testimony Required to Support Claim for Architectural Malpractice

On November 15, 2017, the Second Department issued a decision in Herman v. Franke, Gottsegen, Cox Architects, 2017 NY Slip Op. 07980, granting defendants summary judgment on a professional malpractice claim due to the plaintiff’s failure to submit expert testimony in opposition to the defendants’ motion, explaining: A claim of professional malpractice requires proof that… Read more »

Posted: October 25, 2017

Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute

On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden, Arps, Slate, Meagher, & Flom LLP, 2017 NY Slip Op. 07221, affirming the dismissal of an action as time-barred under New York’s borrowing statute, explaining: Where the alleged injury is economic in nature, the cause of action is… Read more »

Posted: October 21, 2017

Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward

On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision in Alrose Steinway, LLC v. Jaspan Schlesinger, LLP, 2017 NY Slip Op. 32082(U), allowing a malpractice claim to go forward based on the firm’s alleged failure to supervise one of its partners, explaining: In addition to malpractice, plaintiff asserts… Read more »

Posted: October 8, 2017

Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter

On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Scopia Windmill LP v. Olshan Frome Wolosky LLP, 2017 NY Slip Op. 32031(U), refusing to dismiss a malpractice claim made by a plaintiff that was not a party to the firm’s engagement letter, explaining: On the legal malpractice… Read more »

Posted: September 22, 2017

Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages

On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Miami Capital, LLC v. Hurwitz, 2017 NY Slip Op. 31925(U), dismissing a legal malpractice claim for failure adequately to allege damages, explaining: Hurwitz argues that the complaint should be dismissed because Miami Capital fails sufficiently to plead any… Read more »

Posted: August 22, 2017

Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony

On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Planner, PLLC, 2017 NY Slip Op. 06177, setting aside a jury verdict of professional malpractice against an architect because of the plaintiff’s failure to present adequate expert testimony on accepted architectural standards of practice, explaining: Where, as here,… Read more »

Posted: June 9, 2017

Legal Malpractice Claim Based on Allegedly Faulty Tax Advice Survives Summary Judgment

On June 1, 2017, the First Department issued a decision in Leggiadro, Ltd. v. Winston & Strawn, LLP, 2017 NY Slip Op. 04361, holding that a legal malpractice claim based on allegedly faulty tax advice should survive summary judgment, explaining: The court properly declined to dismiss the corporate plaintiff’s claim that it would not have… Read more »

Posted: April 9, 2017

Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed

On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Brean, Murray, Carrett & Co. v. Morrison & Foerster LLP, 2017 NY Slip Op. 30602(U), dismissing a fraud claim based on the same facts as a legal malpractice claim, explaining: Brean’s fraud claim must also be dismissed. Brean’s… Read more »

Posted: April 6, 2017

Questions of Fact Regarding When Representation Ended Precluded Dismissal of Malpractice Claim

On April 5, 2017, the Second Department issued a decision in Stein Industries, Inc. v. Certilman Balin Adler & Hyman, LLP, 2017 NY Slip Op. 02688, holding that questions of fact regarding when a legal representation ended precluded dismissal on statute of limitations grounds, explaining: In moving to dismiss a cause of action pursuant to… Read more »