Opinion
15847 Index No. 153620/20 Case No. 2021-04304
05-03-2022
FTF LENDING, LLC, Plaintiff–Respondent, v. MAVRIDES, MOYAL, PACKMAN & SADKIN, LLP, et al., Defendants–Appellants. [And A Third-Party Action]
Fleischner Potash LLP, New York (Gil M. Coogler of counsel), for appellants. Lippes Mathias LLP, Buffalo (Tessa R. Scott of counsel), for respondent.
Fleischner Potash LLP, New York (Gil M. Coogler of counsel), for appellants.
Lippes Mathias LLP, Buffalo (Tessa R. Scott of counsel), for respondent.
Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.
Order, Supreme Court, New York County (Margaret A. Chan, J.), entered on or about May 4, 2021, which, to the extent appealed from as limited by the briefs, denied defendants' motion under CPLR 3211(a)(7) to dismiss the complaint as against defendant Matthew Weinberger, unanimously affirmed, without costs.
Defendants do not dispute that the complaint, which asserts a cause of action for legal malpractice, sufficiently alleges that Weinberger, an associate attorney, acted negligently while performing legal services on behalf of defendant law firm. Thus, dismissal of the complaint as against Weinberger is not warranted under the Partnership Law ( Partnership Law § 26[c][i] ; see e.g. Scarborough v. Napoli, Kaiser & Bern, LLP, 63 A.D.3d 1531, 1532, 880 N.Y.S.2d 800 [4th Dept. 2009] ) or the common-law doctrine of respondeat superior (see Reliance Ins. Co. v. Morris Assoc., 200 A.D.2d 728, 730, 607 N.Y.S.2d 106 [2d Dept. 1994] ; Jones v. Archibald, 45 A.D.2d 532, 535, 360 N.Y.S.2d 119 [4th Dept. 1974] ; accord Restatement [Third] of Agency § 7.01 [2006] ).