In our first column of the new term we discuss cases involving the preservation of a legal malpractice claim and when a statement represents an assertion of fact or opinion for purposes of a defamation claim. We also address a recent decision with implications for New York’s status as a global financial center in which the Court expressly recognized the “separate entity” rule for financial institutions with foreign branches.

Legal Malpractice Claim

In Grace v. Law, the court clarified the circumstances in which an aggrieved litigant must continue to pursue an appeal of an underlying litigation in order to preserve a potential malpractice claim against his lawyer. Plaintiff John Grace received treatment for an eye condition at a Veteran’s Administration (VA) clinic in Rochester from ophthalmologist Dr. Shoba Boghani. Grace had an appointment with Boghani in July 2003 that was cancelled and not rescheduled for more than a year. Grace returned to the VA clinic in August 2004 and was diagnosed with neovascular glaucoma that subsequently rendered him blind in his right eye. When Grace apparently learned that his blindness might have been prevented if the glaucoma had been detected earlier, he retained Brenna, Brenna & Boyce to bring an administrative proceeding against the VA for malpractice arising out of the failure to diagnose Grace’s glaucoma and its failure to follow up with Grace after cancelling his July 2003 appointment with Boghani.

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