The NYLJ today reports that the New York Court of Appeals will hear a case of legal malpractice dismissed by Justice York and unanimously affirmed by the Appellate Division. This is most unusual!
“The Court of Appeals yesterday agreed to review a case where a legal malpractice claim against Davis Polk & Wardwell was thrown out and the firm was awarded more than $1.4 million in fees. It granted leave to AmBase Corp., which had been represented by Davis Polk in a tax dispute. AmBase had sued for malpractice and breach of fiduciary duty, but its complaint was dismissed by Manhattan Supreme Court Justice Louis B. York (See Profile), who also awarded legal fees to Davis Polk. Justice York’s decision was unanimously affirmed by the Appellate Division, First Department, on June 1. Yesterday, the Court agreed to hear the appeal.” – John Caher