ALBANY – An Albany appellate panel has reinstated a legal malpractice case, finding that the attorney’s explanation of his services was insufficient to warrant summary judgment and calling for an “expert opinion to define the standard of professional care.”
The Appellate Division, Third Department, reversed Supreme Court Justice Robert Muller in Warren County (See Profile) and said the judge should not have dismissed a malpractice complaint against Judge & Duffy in Glens Falls. The Nov. 1 decision in Jack Hall Plumbing & Heating Inc. v. Monica A. Duffy, 514422, marked the second time the Third Department has addressed, and reversed, trial judges in what began as a breach of contract case and became a legal malpractice matter.
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