First Choice Plumbing Corp. v. Miller Law Offices, PLLC, 2015–11336
| Decision Date | 22 August 2018 |
| Docket Number | Index No. 602921/15,2015–11336 |
| Citation | 164 A.D.3d 756,84 N.Y.S.3d 171 |
| Parties | FIRST CHOICE PLUMBING CORP., et al., appellants, v. MILLER LAW OFFICES, PLLC, respondent. |
| Court | New York Supreme Court — Appellate Division |
164 A.D.3d 756
84 N.Y.S.3d 171
FIRST CHOICE PLUMBING CORP., et al., appellants,
v.
MILLER LAW OFFICES, PLLC, respondent.
2015–11336
Index No. 602921/15
Supreme Court, Appellate Division, Second Department, New York.
Argued—February 23, 2018
August 22, 2018
Kennedy Lillis Schmidt & English, New York, N.Y. (John T. Lillis, Jr., of counsel), for appellants.
L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Anthony P. Colavita and Mateo J. Vila of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Timothy S. Driscoll, J.), entered October 16, 2015. The order, insofar as appealed from, granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(1) to dismiss the complaint on the ground that no attorney-client relationship existed.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was pursuant to CPLR 3211(a)(1) to dismiss the complaint on the ground that no attorney-client relationship existed is denied, so much of the order as, in effect, denied, as academic, the remaining branches of the defendant's motion is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a determination on the merits of the remaining branches of the defendant's motion.
The plaintiffs First Choice Plumbing Corp. (hereinafter First Choice) and Malacy Plumbing Supply, Inc. (hereinafter Malacy), commenced this action to recover damages for legal malpractice against the defendant Miller Law Offices, PLLC, for its alleged negligence concerning two mechanic's liens. The complaint alleges that the plaintiffs failed to receive full payment for plumbing services and supplies they provided on a construction project, and that the plaintiffs each filed a mechanic's lien to recover the monies owed. The complaint further alleges that the liens were extended once, but subsequently lapsed and were extinguished by operation of...
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