MORTENSON v. SHEA


62 A.D.3d 414 (2009)

JOSEPH MORTENSON, Appellant, v. ROBERT C. SHEA, ESQ., et al., Respondents.

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

Decided May 5, 2009.


This action was dismissed on the erroneous grounds that the New Jersey defendants were not and could not be retained to actually commence a legal malpractice action against an attorney in New York State, and that the limited services provided by defendant law firm in attempting to settle the underlying claim did not include a duty to advise plaintiff about the applicable New York statute of limitations. A legal malpractice claim may arise out of the giving of faulty advice...

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