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OPTICAL COMMUNICATIONS GROUPS, INC. plf-ap, v. RUBIN, FIORELLA & FRIEDMAN, LLP, def-res

2404. OPTICAL COMMUNICATIONS GROUPS, INC. plf-ap, v. RUBIN, FIORELLA & FRIEDMAN, LLP, def-res — Law Office of Victor A. Worms, New York (Victor A. Worms of counsel), for ap — Furman Kornfeld & Brennan LLP, New York (Andrew S. Kowlowitz of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about April 1, 2015, which, to the extent appealed from as limited by the briefs, granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a) (1), unanimously affirmed, without costs.

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2404. OPTICAL COMMUNICATIONS GROUPS, INC. plf-ap, v. RUBIN, FIORELLA & FRIEDMAN, LLP, def-res — Law Office of Victor A. Worms, New York (Victor A. Worms of counsel), for ap — Furman Kornfeld & Brennan LLP, New York (Andrew S. Kowlowitz of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about April 1, 2015, which, to the extent appealed from as limited by the briefs, granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211(a) (1), unanimously affirmed, without costs.

In this legal malpractice action, plaintiff Optical asserts that its former attorneys, Rubin, Fiorella and Friedman, mishandled the litigation of a maritime action in which it sought to recover damages caused when its submarine fiber optical cable was struck and destroyed by an anchor inadvertently released from a cargo vessel owned by Marbulk Canada, Inc. Rubin Fiorella, on behalf of Optical, brought a maritime action in federal court against the vessel and Marbulk. In the maritime action, Optical alleged that the vessel dropped its anchor in an area designated for laying cable, and that Marbulk was therefore liable. The parties agreed that Marbulk would be liable only if the vessel was located in the designated cable area when its anchor dropped.

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