Garnett v. Fox, Horan & Camerini, LLP, 82 A.D.3d 435 (N.Y. App. Div. 2011). · Go Syfert
Garnett v. Fox, Horan & Camerini, LLP, 82 A.D.3d 435 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
cited Cited as authority (rule) Ingram Yuzek Gainen Carroll & Bertolotti, LLP v. McCullar
N.Y. App. Div. · 2024 · confidence medium
Moreover, it can be reasonably inferred from the allegations that plaintiff's negligence caused defendant's loss ( see Garnett v Fox, Horan & Camerini, LLP , 82 AD3d 435, 436 [1st Dept 2011]).
cited Cited as authority (rule) Sebco Dev., Inc. v. Siegel & Reiner, LLP
N.Y. Sup. Ct., Bronx Cty. · 2024 · confidence medium
Consulting, Inc. v Sichenzia Ross Friedman Ference LLP , 110 AD3d 550 , 551 [1st [*13]Dept 2013]; Garnett v Fox, Horan & Camerini, LLP , 82 AD3d 435, 436 [1st Dept 2011]).
cited Cited as authority (rule) Sebco Dev., Inc. v. Siegel & Reiner, LLP
N.Y. Sup. Ct., Bronx Cty. · 2024 · confidence medium
Consulting, Inc. v Sichenzia Ross Friedman Ference LLP , 110 AD3d 550 , 551 [1st [*13]Dept 2013]; Garnett v Fox, Horan & Camerini, LLP , 82 AD3d 435, 436 [1st Dept 2011]).
discussed Cited as authority (rule) Freeman v. Brecher
N.Y. App. Div. · 2017 · confidence medium
Plaintiff’s cause of action for breach of fiduciary duty arising from the same conduct was correctly dismissed as duplicative of the legal malpractice claim (see Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 436 [1st Dept 2011]; InKine Pharm.
discussed Cited as authority (rule) Genesis Merchant Partners, LP v. Gilbride, Tusa, Last & Spellane LLC
N.Y. App. Div. · 2017 · confidence medium
Defendants’ alleged failure to disclose their legal malpractice does not give rise to a separate action for breach of fiduciary duty (Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 436 [1st Dept 2011]).
cited Cited as authority (rule) Cohen v. Kachroo
N.Y. App. Div. · 2014 · confidence medium
Consulting, Inc. v Sichenzia Ross Friedman Ference LLP, 110 AD3d 550 , 551 [1st Dept 2013]; Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 436 [1st Dept 2011]).
cited Cited as authority (rule) Cohen v. Kachroo
N.Y. App. Div. · 2014 · confidence medium
Consulting, Inc. v Sichenzia Ross Friedman Ference LLP, 110 AD3d 550 , 551 [1st Dept 2013]; Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 436 [1st Dept 2011]).
discussed Cited as authority (rule) Angeles v. Aronsky
N.Y. App. Div. · 2013 · confidence medium
A client is not barred from a legal malpractice action where there is a signed “settlement of the underlying action, if it is alleged that the settlement of the action was effectively compelled by the mistakes of counsel” (Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 435 [1st Dept 2011] [internal quotation marks omitted], quoting Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1st Dept 1990]).
discussed Cited as authority (rule) Angeles v. Aronsky
N.Y. App. Div. · 2013 · confidence medium
A client is not barred from a legal malpractice action where there is a signed “settlement of the underlying action, if it is alleged that the settlement of the action was effectively compelled by the mistakes of counsel” (Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 435 [1st Dept 2011] [internal quotation marks omitted], quoting Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1st Dept 1990]).
discussed Cited as authority (rule) Delgado v. Bretz & Coven, LLP
N.Y. App. Div. · 2013 · confidence medium
We agree, however, that the breach of fiduciary duty cause of action is redundant of the legal malpractice cause of action, and should be dismissed on that basis (Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 436 [1st Dept 2011]).
discussed Cited as authority (rule) Delgado v. Bretz & Coven, LLP
N.Y. App. Div. · 2013 · confidence medium
We agree, however, that the breach of fiduciary duty cause of action is redundant of the legal malpractice cause of action, and should be dismissed on that basis (Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 436 [1st Dept 2011]).
discussed Cited as authority (rule) Angeles v. Aronsky
N.Y. App. Div. · 2013 · confidence medium
A client is not barred from a legal malpractice action where there is a signed “settlement of the underlying action, if it is alleged that the settlement of the action was effectively compelled by the mistakes of counsel” (Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 435 [1st Dept 2011] [internal quotation marks omitted], quoting Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1st Dept 1990]).
discussed Cited as authority (rule) Angeles v. Aronsky
N.Y. App. Div. · 2013 · confidence medium
A client is not barred from a legal malpractice action where there is a signed “settlement of the underlying action, if it is alleged that the settlement of the action was effectively compelled by the mistakes of counsel” (Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 435 [1st Dept 2011] [internal quotation marks omitted], quoting Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1st Dept 1990]).
discussed Cited as authority (rule) Polanco v. Greenstein & Milbauer, LLP
N.Y. App. Div. · 2012 · confidence medium
These allegations are sufficient to state a claim for legal malpractice (see Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 435 [2011]; see generally Tortura v Sullivan Papain Block McGrath & Cannavo, P.C., 21 AD3d 1082, 1083 [2005], lv denied 6 NY3d 701 [2005]).
discussed Cited as authority (rule) Polanco v. Greenstein & Milbauer, LLP
N.Y. App. Div. · 2012 · confidence medium
These allegations are sufficient to state a claim for legal malpractice (see Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 435 [2011]; see generally Tortura v Sullivan Papain Block McGrath & Cannavo, P.C., 21 AD3d 1082, 1083 [2005], lv denied 6 NY3d 701 [2005]).
discussed Cited as authority (rule) Aramarine Brokerage, Inc. v. Hall
N.Y. App. Div. · 2012 · confidence medium
By thus alleging “facts from which it could reasonably be inferred that defendant’s negligence caused [plaintiffs] loss,” the complaint states a cause of action for malpractice (see Garnett v Fox, Horan & Camerini, LLP, 82 AD3d 435, 436 [2011], citing InKine Pharm.
cited Cited "see" In Re Boylan International, Ltd.
Bankr. S.D.N.Y. · 2011 · signal: see · confidence high
See Garnett v. Fox, Horan & Camerini, LLP, 82 A.D.3d 435 , 918 N.Y.S.2d 79 (1st Dept.2011). 3 .
Retrieving the full opinion text from the archive…
Alma Garnett, as Liquidating Trustee of Boylan International, Inc.
v.
Fox, Horan & Camerini, LLP
Appellate Division of the Supreme Court of the State of New York.
Mar 3, 2011.
82 A.D.3d 435
Cited by 22 opinions  |  Published

Plaintiffs appeal from the first order, which decided a motion addressed to the sufficiency of the original complaint, was rendered academic by her timely amendment of the complaint (see Langer v Garay, 30 AD2d 942 [1968]).

The amended complaint alleges that defendant was negligent in failing to advise Boylan International properly, that defendant’s negligence caused Boylan’s loss, and that Boylan sustained actual damages (see Reibman v Senie, 302 AD2d 290 [2003]). Specifically, it alleges, inter alia, that defendant failed to mount a defense to Boylan’s tax assessment arrears based on Blackstar Publ. Co. v 460 Park Assoc. (137 Misc 2d 414 [1987] [escalation clauses should not be applied where the tax increase is caused by extensive renovation that does not inure to the tenant’s benefit]), negotiated a settlement less beneficial than simply paying the demanded amount, and coerced Boylan into executing the settlement although it knew of the dire consequences thereof. “A claim for legal malpractice is viable, despite settlement of the underlying action, if it is alleged that the settlement of the action was effectively compelled by the mistakes of counsel” (Bernstein v Oppenheim & Co., 160 AD2d 428, 430 [1990] [citation omitted]). The amended complaint further alleges that, but for defendant’s negligence, Boylan would not have had to de[*436] clare bankruptcy and incur additional attorney’s fees. These allegations are sufficient to withstand a CPLR 3211 (a) (7) motion. At this stage, plaintiff does not have to show a “likelihood of success,” as the motion court found, but is required only to plead facts from which it could reasonably be inferred that defendant’s negligence caused Boylan’s loss (see InKine Pharm. Co. v Coleman, 305 AD2d 151 [2003]). Plaintiff also does not have to show that Boylan actually sustained damages but is required only to allege facts from which actual damages could reasonably be inferred (see id.).

The breach of fiduciary duty cause of action is based on the same facts and seek the same relief as the legal malpractice causes of action and is therefore redundant (see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 AD3d 267, 271 [2004]; LaBrake v Enzien, 167 AD2d 709, 709 [1990]). Concur — Mazzarelli, J.P, Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.