FKB’s  A. Michael Furman and Aaron M. Barham obtained a pre-answer dismissal of a legal malpractice claim brought in Nassau County Supreme Court against a real estate transaction/litigation firm which had represented an Indian food restaurant.  In its pre-answer motion to dismiss, FKB successfully argued that the law firm’s representation of the restaurant did not import a representation of plaintiff as a shareholder of the corporation, and that the issue of whether the law firm represented the plaintiff had previously been decided against the plaintiff in an underlying shareholder dispute litigation.  The Court (Commercial Division Justice Jerome C. Murphy) further held that the plaintiff did not commence the action within three years of the actions which she claimed constituted malpractice, agreeing that the plaintiff could not invoke the continuous representation toll because she had failed to allege the existence of further representation on the specific subject matter underlying the malpractice claim. 

 If you have any questions about this decision, or the defense of attorneys in general, please contact  A. Michael Furman and Aaron M. Barham.