Posts Categorized: Professional Malpractice

Posted: April 17, 2018

Continuous Representation Doctrine Applies Only to Representations Specifically Related to the Malpractice Claim

On April 12, 2018, the First Department issued a decision in Davis v. Cohen & Gresser, LLP, 2018 NY Slip Op. 02542, affirming the dismissal of a legal malpractice claim as time-barred because the continuous representation doctrine does not apply to representations unrelated to the malpractice claim, explaining: Davis cannot rely on the continuous representation… Read more »

Posted: February 15, 2018

Professional Malpractice Claims Time-Barred

On February 1, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Schembre v. Saggese, 2018 NY Slip Op. 30191(U), dismissing professional malpractice claims as time-barred, explaining: Non-medical professional malpractice claims are governed by a three-year statute of limitations. A claim for professional malpractice accrues when the malpractice is committed,… Read more »

Posted: January 12, 2018

Malpractice Claims Barred by Collateral Estoppel Based on Earlier Action Against Co-Counsel

On January 11, 2018, the First Department issued a decision in Guidance Endodontics, LLC v. Olshan Grundman, Frome Rosensweig & Wolosky, LLP, 2018 NY Slip Op. 00240, dismissing malpractice claims based on collateral estoppel, explaining: Plaintiff’s claims in this legal malpractice action are barred by the doctrine of collateral estoppel. There is an identity of… Read more »

Posted: January 10, 2018

Question of Fact Regarding Plaintiff’s Constructive Notice of Misrepresentation Precluded Dismissal

On January 9, 2018, the First Department issued a decision in Macquarie Capital (USA) Inc. v. Morrison & Foerster LLP, 2018 NY Slip Op. 00091, holding that questions of fact regarding the plaintiff’s constructive notice of misrepresentations it alleged that counsel negligently failed to uncover precluded dismissal of a malpractice claim, explaining: Defendant’s argument that… Read more »

Posted: January 5, 2018

Fiduciary Duty Claim Against Former Counsel Based on Conflict Timely Even Though Malpractice Claim Untimely

On December 28, 2017, the First Department issued a decision in Palmeri v. Willkie Farr & Gallagher LLP, 2017 NY Slip Op. 09252, holding that a breach of fiduciary duty claim against former counsel was timely based on a conflict even though the related malpractice claim was untimely, explaining: Plaintiff’s claim for legal malpractice, in… Read more »

Posted: December 31, 2017

Investment Advisors Are Not Professionals That Can be the Subject of a Professional Malpractice Claim

On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Gutterman v. Stark, 2017 NY Slip Op. 32618(U), holding that investment advisors are not professionals who can be the subject of a claim for professional malpractice, explaining: As to Stark, the motion is denied as to the third… Read more »

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 »