Blogs

Posts Categorized: Professional Malpractice

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 »

Posted: February 2, 2017

Strategic Decisions, Even Flawed Ones, Generally Do Not Support a Malpractice Claim

On January 26, 2017, the First Department issued a decision in Brookwood Companies, Inc. v Alston & Bird LLP, 2017 NY Slip Op. 00535, affirming the dismissal of a legal malpractice claim, explaining: Decisions regarding the evidentiary support for a motion or the legal theory of a case are commonly strategic decisions and a client’s... Read more »

Posted: December 8, 2016

Accounting Malpractice Claim Properly Dismissed for Lack of Privity

On November 30, 2016, the Second Department issued a decision in Weinstein v. CohnReznick, LLP, 2016 NY Slip Op. 08068, affirming the dismissal of an accounting malpractice claim, explaining: The plaintiffs alleged that Cohn, an accounting firm, assisted nonparties Lawrence Levine and David Levine (hereinafter together the Levines) in wrongfully acquiring the plaintiff Solas Plumbing... Read more »

Posted: November 16, 2016

Malpractice Claim Arises When Malpractice Occurs Not When Malpractice Becomes Apparent

On October 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in BLDG Christopher LLC v. Herrick Feinstein LLP, 2016 NY Slip Op. 32242(U), holding that a legal malpractice claim accrued when the malpractice occurred, not when it became apparent, explaining: Pursuant to CPLR ยง 214(6), the statute of limitations... Read more »

Posted: November 8, 2016

Legal Malpractice Claims Arising in Oregon Untimely Under New York Borrowing Statute

On October 21, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Centre Lane Partners, LLC v. Skadden, Arps, Slate, Meagher & Flom Llp, 2016 NY Slip Op. 32136(U), dismissing legal malpractice claims as untimely under New York’s borrowing statute, explaining: [W]here, as here, the claim accrued outside of New... Read more »

Posted: September 3, 2016

Legal Malpractice Claim Based on Later-Reversed Ruling Upheld

On August 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision in Shenzhen Kehuaxing Industrial Ltd. v. Curtis, Mallet-Prevost, Colt & Mosle LLP, 2016 NY Slip Op. 31593(U), sustaining a legal malpractice claim based on a later-reversed administrative decision. In Shenzhen Kehuaxing Industrial, the defendant law firm submitted a questionnaire... Read more »

Posted: July 1, 2016

Violation of Disciplinary Rule, Without More, Insufficient Basis for Legal Malpractice Claim

On June 23, 2016, the First Department issued a decision in Fletcher v. Boies, Schiller & Flexner LLP, 2016 NY Slip Op. 05041, affirming the dismissal of a claim for legal malpractice on summary judgment on several grounds, including that: the violation of a disciplinary rule, without more, is insufficient to support a legal malpractice... Read more »

Posted: March 2, 2016

Malpractice Claim Properly Dismissed: Defendants’ Negligence Did Not Cause Plaintiff’s Losses

On March 1, 2016, the First Department issued a decision in Women’s Integrated Network, Inc. v. Anderson Kill P.C., 2016 NY Slip Op. 01428, affirming the dismissal of a legal malpractice action despite the fact that the defendants admitted that they were negligent, explaining: Defendants candidly concede that their failure to file a timely notice... Read more »

Posted: November 23, 2015

Legal Malpractice Claim Dismissed Because Plaintiff Was Not Damaged by the Negligence it Alleged

On November 19, 2015, the First Department issued a decision in Women’s Integrated Network, Inc. v. Anderson Kill P.C., 2015 NY Slip Op. 08500, dismissing a legal malpractice claim for failure to allege damages arising out of the defendants’ negligence. In Women’s Integrated Network, the plaintiff alleged, and the defendants conceded, that, while serving as... Read more »

Posted: July 23, 2015

Continuous Representation Doctrine Forecloses Dismissal of Legal Malpractice Claim as Time-Barred

On July 2, 2015, the First Department issued a decision in Overseas Shipholding Group, Inc. v. Proskauer Rose, LLP, 2015 NY Slip Op. 05772, holding that the continuous representation doctrine foreclosed dismissal of a legal malpractice claim as time-barred. In Overseas Shipholding Group, the defendants moved to dismiss the plaintiff’s legal malpractice claim. The First... Read more »