Opinion
2022-01107 Index 158501/19
02-17-2022
Protostorm, Inc., Plaintiff-Respondent, v. Foley & Lardner LLP, et al., Defendants-Appellants. Appeal No. 15333 No. 2021-03750
Friedman Kaplan Seiler & Adelman LLP, New York (Philippe Adler of counsel), for appellants. Schwartz, Ponterio & Levenson, PLLC, New York (John Ponterio of counsel), for respondent.
Friedman Kaplan Seiler & Adelman LLP, New York (Philippe Adler of counsel), for appellants.
Schwartz, Ponterio & Levenson, PLLC, New York (John Ponterio of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Gische, Mazzarelli, Friedman, Mendez, JJ.
Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about October 7, 2021, which denied defendants' motion to dismiss the complaint, unanimously affirmed, without costs.
In this legal malpractice action, Supreme Court correctly denied defendants' motion to dismiss the complaint. Plaintiff sufficiently alleges that, but for defendants-attorneys' negligence in waiving joint and several liability against certain individual defendants in a federal action, plaintiff was unable to collect on the judgment in that action (see generally Hadden v Consolidated Edison Co. of N.Y., 45 N.Y.2d 466, 470 [1978]). Defendants' argument that the District Court's ruling in that action was a superseding cause of plaintiff's injury is unavailing (compare Pyne v Block & Assoc., 305 A.D.2d 213 [1st Dept 2003]).
We have considered defendants' remaining arguments and find them unavailing.