Plaintiffs in 286 Corbin Owners Corp. v Berger, 2022 NY Slip Op., 30018(U) January 3, 2022 Supreme Court, Kings County et Number: Index No. 513265/2020 Judge: Wavny Toussaint suffered storm damage from Sandy, and hired defendant attorneys to litigate. Things went south from there. The claim languished, the statute ran, and there was no case left. Will a legal malpractice claim survive motion practice?
“Here, to, the extent that plaintiff alleges that the Berger Defendants carelessly or negligently recommended that it sue Joglo and Toussie and/or that the Berger Defendants , negligently failed to sue the proper defen4ants before the expiration of the statute, of limitations (second cause of action), plaintiff states a claim for legal malpractice. The assertion that plaintiff must allege and identify the “correct” defendant in its pleading to state a claim for malpractice is without any legal support. In any event, whether plaintiff can ultimately prevail on these allegations is not relevant on this pre-answer motion to dismiss (see Endless Ocean, LLC v Twomey, Latham, Shea, Kelley, Dubin & Quartararo,
113 AD3d 587, 589 [2d Dept 2014]). The court also declines to dismiss plaintiff’s third cause of action alleging that the Berger Defendants collected legal fees and commenced the underlying action when they knew or should have known that the action had no merit. Defendants do not address the merits of this claim and the proffered documentary evidence does not establish a defense to said claim as a matter of law. “