Garnett v. Fox, Horan & Camerini, LLP
Cases that cite this one
22 later published cases cite this decision.
- Polanco v. Greenstein & Milbauer, LLP (Appellate Division of the Supreme Court of New York 2012)
- Polanco v. Greenstein & Milbauer, LLP (Appellate Division of the Supreme Court of New York 2012)
- Sebco Dev., Inc. v. Siegel & Reiner, LLP (New York Supreme Court, Bronx County 2024)
- Sebco Dev., Inc. v. Siegel & Reiner, LLP (New York Supreme Court, Bronx County 2024)
- Ingram Yuzek Gainen Carroll & Bertolotti, LLP v. McCullar (Appellate Division of the Supreme Court of New York 2024)
- Genesis Merchant Partners, LP v. Gilbride, Tusa, Last & Spellane LLC (Appellate Division of the Supreme Court of New York 2017)
- Freeman v. Brecher (Appellate Division of the Supreme Court of New York 2017)
- Raghavendra v. Brill (Appellate Division of the Supreme Court of New York 2015)
- Cohen v. Kachroo (Appellate Division of the Supreme Court of New York 2014)
- Cohen v. Kachroo (Appellate Division of the Supreme Court of New York 2014)
- Angeles v. Aronsky (Appellate Division of the Supreme Court of New York 2013)
- Angeles v. Aronsky (Appellate Division of the Supreme Court of New York 2013)
- Delgado v. Bretz & Coven, LLP (Appellate Division of the Supreme Court of New York 2013)
- Delgado v. Bretz & Coven, LLP (Appellate Division of the Supreme Court of New York 2013)
- Angeles v. Aronsky (Appellate Division of the Supreme Court of New York 2013)
- Angeles v. Aronsky (Appellate Division of the Supreme Court of New York 2013)
- Aramarine Brokerage, Inc. v. Hall (Appellate Division of the Supreme Court of New York 2012)
- Simoni v. Napoli (Appellate Division of the Supreme Court of New York 2012)
- Simoni v. Napoli (Appellate Division of the Supreme Court of New York 2012)
- Parent v. New York (District Court, N.D. New York 2011)
- In re Boylan International, Ltd. (United States Bankruptcy Court, S.D. New York 2011)
- Lusk v. Weinstein (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiffs appeal from the first order, which decided a motion addressed to the sufficiency of the original complaint, was rendered academic by her timely amendment of the complaint (see Langer v Garay, 30 AD2d 942 [1968]).
The amended complaint alleges that defendant was negligent in failing to advise Boylan International properly, that defendant’s negligence caused Boylan’s loss, and that Boylan sustained actual damages (see Reibman v Senie, 302 AD2d 290 [2003]). Specifically, it alleges, inter alia, that defendant failed to mount a defense to Boylan’s tax assessment arrears based on Blackstar Publ. Co. v 460 Park Assoc. (137 Misc 2d 414 [1987] [escalation clauses should not be applied where the tax increase is caused by extensive renovation that does not inure to the tenant’s benefit]), negotiated a settlement less beneficial than simply paying the demanded amount, and coerced Boylan into executing the settlement although it knew of the dire consequences thereof. “A claim for legal malpractice is viable, despite settlement of the underlying action, if it is alleged that the settlement of the action was effectively compelled by the mistakes of counsel” (Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1990] [citation omitted]). The amended complaint further alleges that, but for defendant’s negligence, Boylan would not have had to de
The breach of fiduciary duty cause of action is based on the same facts and seek the same relief as the legal malpractice causes of action and is therefore redundant (see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 271 [2004]; LaBrake v Enzien, 167 AD2d 709, 709 [1990]). Concur — Mazzarelli, J.P, Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.