Recent Legal Malpractice Appellate Division Decisions.

Dear Clients & Colleagues:

Please see the attached FKB Client Advisory addressing three legal malpractice Decisions of note issued this past week by New York’s Appellate Division:

· 4/30/15 (1st Dept) regarding statute of limitations/tolling where certain derivative claims survived as being truly derivative;
· 5/5/15 (1st Dept) res judicata barred a legal malpractice claim due to a prior action that determined legal fees, other claims were found to be duplicative; and
· 5/6/15 (2nd Dept) where legal malpractice claims stemming from an underlying matrimonial claim were barred because the underlying settlement was not “effectively compelled” by the attorney’s mistake.

The attached contains further information and links to the Decisions.

Please contact FKB’s Andrew R. Jones and Brandon H. Weinstein if you have any questions concerning the attached, or any questions regarding legal malpractice cases generally.