Posts Categorized: Professional Malpractice

Posted: March 30, 2021

Accountant May Rely On Information Provided By Client That Does Not Appear to Be Incorrect, Incomplete or Inconsistent

On March 25, 2021, the First Department issued a decision in Deane v. Brodman, 2021 NY Slip Op. 01842, holding that an accountant may rely on information provided by a taxpayer unless it appears to be incorrect, incomplete or inconsistent, explaining: Defendants are entitled to summary judgment dismissing the professional negligence claims asserted against them... Read more »

Posted: March 10, 2021

Counsel Hired to Bring Claim For Benefit of a Corporation Cannot Be Sued for Malpractice by the Person Who Engaged Them; the Claim Belongs to the Corporation

On February 26, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Glaubach v. Miller, 2021 NY Slip Op. 30541(U), holding that counsel hired to bring a claim for the benefit of a corporation cannot be sued for malpractice by the person who engaged them because the malpractice claim belongs... Read more »

Posted: March 2, 2021

Loss of Patent Protection Caused by Client’s Failure to Give its Counsel Correct Facts Cannot Be Basis for Malpractice Claim

On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Morgan & Mendel Genomics v. Amster Rothstein & Ebenstein, LLP, 2021 NY Slip Op. 30465(U), holding that the loss of patent protection caused by the client’s failure to give its counsel the correct facts cannot be the basis... Read more »

Posted: February 1, 2021

Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine

On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00392, holding that a legal malpractice claim was not saved by the continuous representation doctrine, explaining: The court correctly determined that plaintiffs failed to show that there is an issue of fact as to whether the legal... Read more »

Posted: January 20, 2021

Former Client Can Bring Breach of Contract as Well as Malpractice Claims Against Counsel

On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Williams LLP, 2021 NY Slip Op. 00082, holding that a former client can bring breach of contract, as well as malpractice, claims against counsel, explaining: In light of the basis for the court’s ruling in the underlying action,... Read more »

Posted: October 30, 2020

Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender

On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh & Assoc., Inc., 2020 NY Slip Op. 05792, holding that a malpractice claim against an appraiser did not accrue when the appraiser issued the appraisal, but rather when the client received the appraisal, explaining: The three-year statute of limitations... Read more »

Posted: August 7, 2020

Court Refuses to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel’s Engagement

On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v. Chowdhury, 2020 NY Slip Op. 32491(U), refusing to dismiss a legal malpractice action because there were questions of fact regarding whether counsel had been engaged by the plaintiff, explaining: [T]he court concludes that the allegations of the... Read more »

Posted: July 22, 2020

Continuous Representation Doctrine Saves Legal Malpractice Action from Being Time-Barred

On July 15, 2020, the Second Department issued a decision in Keshner v. Hein Waters & Klein, 2020 NY Slip Op. 03907, holding that the continuous representation doctrine saved a legal malpractice claim from being time-barred, explaining: The statute of limitations for a cause of action alleging legal malpractice is three years. However, causes of... Read more »

Posted: June 14, 2020

Zoning Consulting is not a Profession for Purposes of a Professional Malpractice Claim

On May 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in 14 LLC v. J & R 240 LLC, 2020 NY Slip Op. 31528(U), holding that zoning consulting is not a profession for purposes of a professional malpractice claim, explaining: In order to maintain a claim for professional malpractice,... Read more »

Posted: May 27, 2020

Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue

On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Halperin v. Van Dam, 2020 NY Slip Op. 31301(U), holding that a lawyer cannot avoid a malpractice claim by arguing that the client had access to sufficient facts to evaluate a legal issue, explaining: To sustain a cause... Read more »