It is a rare case in which a legal malpractice cause of action is upheld against the other side’s attorney.  Privity of contract is the first thing one thinks about when gauging whether there can be a legal malpractice case.  Here, in Ginsburg Dev. Cos., LLC v Carbone ; 2011 NY Slip Op 05664
Decided on June 28, 2011 ; Appellate Division, Second Department  we see the rare occasion in which legal malpractice may lay against the other side’s attorney.

"Accepting the facts alleged in the second amended complaint as true, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the second amended complaint states a cause of action to recover damages for legal malpractice (see Aranki v Goldman & Assoc., LLP, 34 AD3d 510). "While privity of contract is generally necessary to state a cause of action for attorney malpractice, liability is extended to third parties, not in privity, for harm caused by professional negligence in the presence of fraud, collusion, malicious acts or other special circumstances" (Good Old Days Tavern v Zwirn, 259 AD2d 300, 300; see AG Capital Funding Partners, L.P. v State St. Bank & Trust Co., 5 NY3d 582, 595; Nelson v Roth, 69 AD3d 912, 913; Aranki v Goldman & Assoc., LLP, 34 AD3d at 511-512; Moran v Hurst, 32 AD3d 909, 910-911). Although the second amended complaint does not allege an attorney-client relationship between the plaintiff and the defendants, the allegations in the second amended complaint "fall within the narrow exception of fraud, collusion, malicious acts or other special circumstances under which a cause of action alleging attorney malpractice may be asserted absent a showing of actual or near-privity" (Aranki v Goldman & Assoc., LLP, 34 AD3d at 512 [internal quotation marks omitted]). Moreover, the documentary evidence does not establish, as a matter of law, a defense to the third cause of action. Thus, we modify the order appealed from accordingly. "