FKB’S A. MICHAEL FURMAN, AARON M. BARHAM AND MEGAN SMITH OBTAIN 3211 DISMISSAL OF A THIRD-PARTY COMPLAINT ON BEHALF OF A TRANSACTIONAL ATTORNEY IN SUPREME COURT, SUFFOLK COUNTY

08/9/2022

FKB’s A. Michael FurmanAaron M. Barham and Megan Smith obtained pre-answer dismissal of a third-party complaint on behalf of a transactional attorney who represented the first-party plaintiffs in an asset sale agreement.  This agreement was the subject of an underlying commercial litigation that was decided against the first-party plaintiffs, who then sued their litigation attorney (not FKB’s client) for legal malpractice.  When the third-party plaintiff attorney impleaded FKB’s client, FKB successfully obtained pre-answer  dismissal of the contribution claim as untimely and because any alleged damages caused by the transactional representation is not the “same injury” caused by the alleged litigation-related malpractice.  FKB also obtained dismissal of the indemnification claim due to the lack of any legal or contractual duty owed to the third-party plaintiff by FKB’s client.  If you have any questions about this decision, or the defense of attorneys in general, please contact A. Michael Furman and Aaron M. Barham

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