Posts Categorized: Professional Malpractice

Posted: September 4, 2018

Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal

On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller Law Offs., PLLC, 2018 NY Slip Op. 05825, holding that documents submitted by a law firm to show that it had not been engaged by the plaintiff were not documentary evidence sufficient to justify dismissal, explaining: The defendant… Read more »

Posted: August 15, 2018

Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute

On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Red Zone LLC v. Cadwalader, Wickersham & Taft LLP, 2018 NY Slip Op. 31888(U), precluding a defendant from presenting an expert witness in a legal malpractice action on the ground that it was unnecessary given the issues in… Read more »

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 »