Legal Malpractice

The Associate Leaves, but the Legal Malpractice Case Continues

By (Andrew Lavoott Bluestone)

Associate is hired and assigned to a case. A mistake of malpractice proportions takes place, and the associate leaves to form his own firm. He takes the case with him, and is alleged to have made more mistakes of malpractice proportion. Is the Original law firm still responsible?"

in this case, yes. In Red Hook/Gowanus Chamber of Commerce, Inc. v Brightbill ;2010 NY Slip Op 02719 ; Decided on April 1, 2010 ; Appellate Division, First Department .

"In preparing the CPLR article 78 proceeding seeking to vacate a determination approving a variance, Brightbill allegedly committed malpractice in failing to name a necessary party. Brightbill subsequently left the firm and formed his own firm, which was substituted for appellants in prosecuting plaintiff's claims. Additional acts of malpractice were allegedly committed in connection with Brightbill's subsequent representation of plaintiff, and appellants maintain that they cannot be held liable for the alleged negligence of Brightbill and his firm.

"[A]n intervening act which is a normal consequence of the situation created by a defendant cannot constitute a superseding cause absolving the defendant from liability" (Lynch v Bay Ridge Obstetrical & Gynecological Assoc., 72 NY2d 632, 636-637 [1988]). Here, the motion court properly determined that appellants failed to sustain their prima facie burden of establishing that the alleged negligence of Brightbill and his firm was not a normal consequence of the situation created by the initial purportedly negligent act of failing to name a necessary party in the article 78 proceeding. In this regard, we note that plaintiff does not allege that the motion to amend the petition to request a remand rather than vacatur of the variance was an act [*2]of malpractice.

We have considered appellants' remaining arguments, including that they cannot be held liable because their conduct could not be considered the proximate cause of plaintiff's damages, and find them unavailing. "

Full post as published by New York Attorney Malpractice Blog on April 05, 2010 (boomark / email).