SCHIMENTI v. WHITMAN & RANSOM


208 A.D.2d 470 (1994)

617 N.Y.S.2d 742

S.G. Schimenti, Appellant, v. Whitman & Ransom, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 27, 1994


This action for legal malpractice based upon defendant's alleged failure, in representing plaintiff as a subordinate lienor in several mortgage foreclosure proceedings, to investigate and discover claimed fraud and collusion by the borrower and the senior lienor bank, was properly dismissed on the ground that defendant had no reason to believe, at any relevant time, that such an investigation was necessary, and no duty, as the IAS Court aptly explained, "to draw up a list...

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