DAVIS v. COHEN & GRESSER, LLP

5075 157930/14.

160 A.D.3d 484 (2018)

74 N.Y.S.3d 534

2018 NY Slip Op 02542

Richard Davis, as Administrator of the Estate of C. Robert Allen, III, Deceased, Appellant, v. Cohen & Gresser, LLP, Respondent.

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

Decided April 12, 2018.


In this action, plaintiff Richard Davis contends that defendant committed legal malpractice by failing to name two key parties as defendants in a related action brought on behalf of the decedent C. Robert Allen, III (Allen v Devine, US Dist Ct, SD NY, No. 09-cv-0668 [the Devine action]). The motion to dismiss was properly granted because the legal malpractice claim was untimely.

This case arises out of a fraud scheme perpetrated by nonparties Christopher Devine...

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