Practice point: A viable claim against a professional requires a contractual underlying relationship or a relationship that is the functional equivalent of contractual privity.
Students should note that, standing alone, an ethical violation will not create a duty giving rise to a cause of action that would otherwise not exist at law.
Case: Art Capital Group, LLC v. Neuhaus, NY Slip Op 01600 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Labor Law.
