FLINTLOCK CONSTRUCTION SERVICES, LLC, plf-res, v. RUBIN, FIORELLA & FRIEDMAN LLP, def-ap

10637. FLINTLOCK CONSTRUCTION SERVICES, LLC, plf-res, v. RUBIN, FIORELLA & FRIEDMAN LLP, def-ap — Furman Kornfeld & Brennan LLP, New York (A. Michael Furman of counsel), for ap — Wormser, Kiely, Galef & Jacobs LLP, New York (John T. Morin of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 12, 2012, which, to the extent appealed from, denied defendant's motion to dismiss the remaining two counts of the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed, without prejudice. The Clerk directed to enter judgment accordingly.

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10637. FLINTLOCK CONSTRUCTION SERVICES, LLC, plf-res, v. RUBIN, FIORELLA & FRIEDMAN LLP, def-ap — Furman Kornfeld & Brennan LLP, New York (A. Michael Furman of counsel), for ap — Wormser, Kiely, Galef & Jacobs LLP, New York (John T. Morin of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 12, 2012, which, to the extent appealed from, denied defendant’s motion to dismiss the remaining two counts of the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed, without prejudice. The Clerk directed to enter judgment accordingly.

In this legal malpractice action, plaintiff alleges that defendant law firm negligently represented it in connection with underlying construction litigation by entering into a stipulation, without its authorization, pursuant to which it became obligated to defend and indemnify the owner of the subject premises in the underlying litigation without limitation. Defendant incorrectly argues that plaintiff’s claims should be dismissed as a matter of law based on the Eleventh Circuit’s vacatur of the federal district court’s finding that the stipulation requires plaintiff to defend and indemnify the premises owner without limitation and for its own negligence (see Flintlock Constr. Servs. v. Well-Come Holdings, LLC, 710 F3d 1221, 1224 [11th Cir 2013]). The Eleventh Circuit vacated the decision on diversity grounds and did not reach the merits of the subject stipulation.

FLINTLOCK CONSTRUCTION SERVICES, LLC, plf-res, v. RUBIN, FIORELLA & FRIEDMAN LLP, def-ap

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