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NOMURA CORP. v. CADWALADER, LLP

No. 122.

26 N.Y.3d 40 (2015)

41 N.E.3d 353

19 N.Y.S.3d 488

2015 NY Slip Op 07693

NOMURA ASSET CAPITAL CORPORATION et al., Respondents-Appellants, v. CADWALADER, WICKERSHAM & TAFT LLP, Appellant-Respondent.

Court of Appeals of New York.

Decided October 22, 2015.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, LLP, New York City ( David R. Marriott of counsel), for appellant-respondent.

Hinman Straub P.C., Albany ( James T. Potter of counsel), and Constantine Cannon LLP, New York City ( Amianna Stovall and Joel A. Chernov of counsel), for respondents-appellants.

Order modified, with costs to defendant, by granting defendant's motion for summary judgment dismissing the first cause of action in its entirety and, as so modified, affirmed and certified question answered in the negative.

OPINION OF THE COURT

On these cross appeals from an order granting partial summary judgment in a legal malpractice action, we conclude that no triable issues of fact exist with respect to the first cause of action, which alleges that counsel failed to properly advise and conduct...

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