News & Resources

CG&P Obtains Dismissal of Legal Malpractice Claim

CG&P succeeded in limiting the application of the continuous representation rule in a legal malpractice action, and thus succeeded in obtaining the dismissal of the action.  The plaintiff, one of Long Island’s largest fuel suppliers, had retained CG&P’s client (a New York law firm), to defend an action involving a multi-million dollar environmental contamination claim.  While the action was pending, the plaintiff replaced CG&P’s client with another firm.  Within three years of the signing of the consent to change attorney form, the plaintiff brought a legal malpractice action against CG&P’s client, alleging that the firm had committed malpractice in defending the environmental claim.  The plaintiff asserted that, under the continuous representation rule, the statute of limitations on the claim against CG&P’s client was tolled until the consent to change attorney form was signed.  CG&P moved to dismiss, arguing that its client’s continuous representation of the plaintiff ended several months before the formal consent to change attorney form was signed, when the relationship of confidence and trust between plaintiff and the firm ceased to exist.  Justice Peter H. Mayer of the Supreme Court, Suffolk County, agreed and dismissed the action.  The case was handled by CG&P Partner Matt Flanagan and CG&P Associate Christopher Rogers. 

 

CG&P Obtains Dismissal of Complaint Against Psychiatric Nurse Practitioner in Malpractice and Wrongful Death Lawsuit

 

In an action for medical malpractice and wrongful death, the plaintiff-decedent was a 31 year old woman with a psychiatric history of schizophrenia who died during an in-patient hospitalization.  It was alleged that CG&P’s client, a Psychiatric Nurse Practitioner, was negligent in failing to order adequate psychotropic medications and in failing to order one-to-one supervision based on the plaintiff-decedent’s risk for harming herself; and that these interventions would have prevented the plaintiff-decedent’s death.  CG&P submitted affidavits from an expert Psychiatric Nurse Practitioner and an Expert Forensic Pathologist in support of a motion for summary judgment to dismiss the Complaint.  The Court found that the expert Psychiatric Nurse Practitioner established that CG&P’s client appropriately evaluated and treated the plaintiff decedent; and that the expert Forensic Pathologist established that the plaintiff-decedent died as a consequence of events that were unrelated to the care provided by CG&P’s client. The case was handled by CG&P partner Michele R. Levin.

CG&P Secures Dismissal of Subrogation Claim Brought Against Construction Company

On April 15, 2014, Judge Karen Murphy granted CG&P's pre-answer motion to dismiss a subrogation claim against a scaffolding company for negligence on the grounds that it was barred by the statute of limitations.  Judge Murphy agreed with CG&P's arguments that a cause of action for negligence is always governed by a three-year statute of limitations, regardless of whether the negligence action is brought by a subrogee.  Judge Murphy futher agreed with CG&P's argument that in construction law cases a cause of action accrues on the date the alleged negligence occurs and the date is not tolled by the continuation of the construction.  The case was handled by CG&P Associate William Schleifer.