NY Ruling Bucks Trend Of Legal Malpractice Dismissals

Law360, New York (January 24, 2014, 8:09 PM EST) -- A New York appellate panel's rare move to revive a legal malpractice suit that had been summarily dismissed has triggered debate among malpractice lawyers, with some suggesting appellate judges may be pushing back when potentially viable damages claims against lawyers are tossed on a hair-trigger basis.

The decision, in Endless Ocean LLC v. Twomey Latham Shea Kelley Dubin & Quartararo LLP, saw a Brooklyn-based appeals panel put the kibosh on a trial judge's summary dismissal of the damages suit. The appeals court reasoned that the lawyer-defendants...
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