Blogs

Posts Categorized: Professional Malpractice

Posted: March 31, 2020

Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim

On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Condor Capital Corp. v. CALS Invs., LLC, 2020 NY Slip Op. 30765(U), holding that auto loan servicers are not professionals subject to professional malpractice claims, explaining: Condor Capital’s cause of action for professional malpractice alleges that First Associates... Read more »

Posted: March 13, 2020

Appointment of Separate Counsel Intervening Cause Defeating Malpractice Claim

On February 25, 2020, the First Department issued a decision in Binn v. Muchnick, Golieb & Golieb, P.C., 2020 NY Slip Op. 01302, holding that the appointment of separate counsel was an intervening cause, cutting off a malpractice claim, explaining: Plaintiffs allege that their long-time attorneys, defendants John Golieb, Esq. and Muchnick, Golieb & Golieb,... Read more »

Posted: January 22, 2020

Architect Not Liable to Third-Party Not Known to it When Architectural Plans Created

On January 6, 2020, Justice Masley of the New York County Commercial Division issued a decision in Tutor Perini Bldg. Corp. v. Port Auth. of N.Y. & N.J., 2020 NY Slip Op. 30045(U), holding that an architect could not be held liable to a third-party not known to it when the architectural plans were created,... Read more »

Posted: November 17, 2019

Plaintiff Cannot Save Time-Barred Legal Malpractice Claims by Re-Characterizing Them as Fraud Claims

On November 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Wimbledon Financing Master Fund, Ltd. v. Hallac, 2019 NY Slip Op. 33281(U), holding that plaintiffs could not save time-barred legal malpractice claims by recharacterizing them as fraud claims, explaining: Katten argues that Wimbledon’s causes of action are actually... Read more »

Posted: October 23, 2019

Court Analyzes Adverse Interest Exception to in Pari Delicto Defense

On October 10, 2019, the First Department issued a decision in Conway v. Marcum & Kliegman LLP, 2019 NY Slip Op. 07338, analyzing the adverse interest exception to the in pari delicto defense: In this accounting malpractice action, plaintiffs, the liquidators of several hedge funds, allege that defendants failed to uncover fraudulent activity by the... Read more »

Posted: August 5, 2019

Malpractice Claim Dismissed as Premature Because the Harm Arising from the Alleged Malpractice Has Not Yet Occurred

On July 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in YT Madison, LLC v. Sukenik, Segal & Graff, P.C., 2019 NY Slip Op. 32112(U), dismissing a malpractice claim as premature because the alleged harm had not yet happened, explaining: In an action to recover for legal malpractice, Plaintiff... Read more »

Posted: July 15, 2019

Fraud Claims Not Duplicative of Malpractice Claims

On June 27, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Kislev Partners, LLP v. Sidley LLP, 2019 NY Slip Op. 31850(U), declining to dismiss fraud claims as duplicative of a malpractice claim, explaining: Sidley argues that plaintiffs’ claims all essentially sound in professional malpractice and, therefore, have a... Read more »

Posted: June 14, 2019

Continuous Representation Doctrine Allegations Insufficient to Save Professional Malpractice Claims

On June 3, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Board of Mgrs. of 141 Fifth Ave. Condominium v. 141 Acquisition Assoc. LLC, 2019 NY Slip Op. 31555(U), holding that continuous representation doctrine allegations were insufficient to save a professional malpractice claim, explaining: On a motion to dismiss... Read more »