Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney
Commercial Case Notes / Professional Malpractice / Statute of Limitation/Laches

Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

On May 27, 2025, the First Department issued a decision in Mandour v. Rafalsky, 2025 NY Slip Op. 03160, holding that the continuous representation doctrine does not apply to a claim arising from a business transaction with an attorney . . . Continue reading Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim
Commercial Case Notes / Contracts / Professional Malpractice

Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim

On January 15, 2025, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2025 NY Slip Op. 00213, holding that a negligence claim against an engineer should be dismissed as duplicative of a breach of contract claim seeking the same damages . . . Continue reading Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim

Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment
Commercial Case Notes / Professional Malpractice

Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

On September 6, 2024, Justice Chan of the New York County Commercial Division issued a decision in FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP, 2024 NY Slip Op 33115(U), holding that despite counsel’s negligence, a client was not entitled to summary judgment on its legal malpractice claim because of questions of fact regarding whether it was the client’s negligence that was the proximate cause of its loss . . . Continue reading Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict
Commercial Case Notes / Professional Malpractice

Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

On April 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in Mandour v. Rafalsky, 2024 NY Slip Op. 31086(U), holding that a legal malpractice claim based on a conflict of interest accrues on the date the attorney should have disclosed the conflict but failed to do so . . . Continue reading Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit
Commercial Case Notes / Professional Malpractice

Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit

On April 4, 2024, the First Department issued a decision in 1650 Broadway Assoc., Inc. v Sturm, 2024 NY Slip Op. 01864, holding that an accounting malpractice claim based on a failure to discover a client’s fraud was not defeated by the fact that the accountant was not engaged to perform an audit . . . Continue reading Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit