Justice March Friedman, of Supreme Court, New York County recently decided Tanger v Ferrer  2010 NYSlipOp 31355(U) in which the third-party claim between attorneys was that DLA Piper, US LLP owed a duty to Eaton & Van Winkle LLP after plaintiff sued Ferrer and Eaton  for legal malpractice.  The malpractice is alleged to be the negligent preparation of thee tenders pursuant to CPLR 3219.  Eaton alleged, in its third-party complaint that the tenders were prepared while Eaton was employed by DLA Piper, while the last was prepared while Eaton was in his own firm.

Supreme Court dismissed the third party action,  The partnership agreement between Eaton and DLA did not provide for DLA to indemnify or provide contribution to Ferrer for the acts alleged in the complaint, and there were no facts alleged in the main action to support a claim against DLA for negligent supervision of or control of Ferrer’s work.

The third party action was dismissed.