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FLORISTS' MUTUAL INSURANCE COMPANY, INC. v. BEHMAN HAMBELTON, LLP

6269 154427/16.

160 A.D.3d 502 (2018)

71 N.Y.S.3d 357

2018 NY Slip Op 02556

Florists' Mutual Insurance Company, Inc., Doing Business as Hortica Insurance and Employee Benefits, Appellant, v. Behman Hambelton, LLP, et al., Respondents.

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

Decided April 12, 2018.

Plaintiff's contention that it was obligated to pursue an appeal of the underlying action prior to filing a legal malpractice claim is unavailing, as the appeal to the Workers' Compensation Board was not likely to succeed (Grace v Law, 24 N.Y.3d 203, 209-210 [2014]). Furthermore, the Workers' Compensation Board's appellate decision was issued on October 29, 2013, leaving plaintiff almost two years to bring an action on the alleged...

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