Practice point: There was no malpractice if, in a prior action, fees were awarded for services which plaintiff now alleges were performed negligently.
Practitioners should note that failure to raise a malpractice claim when fee applications are considered by a Bankruptcy Court bars raising the claim later.
Case: Breslin Realty Dev. Corp. v. Shaw, NY Slip Op 00087 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Contracts.
