Blank Rome, LLP v. Parrish
Opinion of the Court
Insofar as the third-party and proposed amended third-party complaints allege that BMF represented defendant, agreed to represent him with respect to the issues giving rise to the legal malpractice alleged in defendant’s counterclaims, and that BMF was negligent with respect to such representation, the motion court properly declined to dismiss Blank Rome’s third-party claims for contribution since this cause of action was sufficiently pleaded (see Schauer v Joyce, 54 NY2d 1, 5 [1981] [“two or more persons who are subject to liability for damages for the same personal injury, injury to property or wrongful death, may claim contribution among them”] [internal quotation marks omitted]). However, the motion court erred when it denied
With respect to Blank Rome, LLP’s cause of action for contribution, since the allegations within the proposed amended third-party complaint have merit and there has been no showing of prejudice, the motion court providently exercised its discretion in granting leave to amend the third-party complaint (see Board of Mgrs. of 60 Greene Condominium v Acacia SoHo, LLC, 63 AD3d 516, 517 [2009]).
We have considered BMF’s remaining contentions and find them unavailing. Concur — Mazzareili, J.P, Andrias, Saxe, Freedman and Román, JJ. [Prior Case History: 2011 NY Slip Op 30712(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.