Legal Malpractice

Legal Malpractice and BCL 1505

By (Andrew Lavoott Bluestone)

Here is a legal malpracice statute of limitationscase in which the Appellate Division , First Department give a routine analysis of a legal malpracice case, dismissed on a CPLR 3211 motion in Supreme Court, and reversed in the Appellate Division. West Vil. Assoc. Ltd. Partnership v Balber Pickard Battistoni Maldonado & Ver Dan Tuin, PC , 2008 NY Slip Op 01844
Decided on March 4, 2008 ,Appellate Division, First Department . 

As the defendant is a PC, it appears that they moved to dimiss against the individual PC shareholders, which the court denied, on the basis of BCL 1505(a).  We have not seen this staute cited in a motion to dismiss setting.  The statute holds that all shareholders, agents, etc are personally liable under the circumstances quoted.

Keep this statute in mind when viewing allegations about specific attorneys in a PC.

Full post as published by New York Attorney Malpractice Blog on March 05, 2008 (boomark / email).