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Genesis Merchant Partners, LP v. Gilbride, Tusa, Last & Spellane LLC
Citations: 2017 NY Slip Op 2753; 149 A.D.3d 469; 49 N.Y.S.3d 886Docket: 3663 653145/14
Court: Appellate Division of the Supreme Court of the State of New York; April 11, 2017; New York; State Appellate Court
Original Court Document: View Document
Genesis Merchant Partners, LP and others (plaintiffs-appellants) appealed a decision from the Supreme Court of New York County, which dismissed their breach of fiduciary duty claim against Gilbride, Tusa, Last. Spellane LLC and others (defendants-respondents) as duplicative of their legal malpractice claim. The Appellate Division, First Department, upheld the lower court's ruling, affirming the dismissal with costs. The court noted that the defendants' alleged failure to disclose legal malpractice does not constitute a separate breach of fiduciary duty claim, referencing the case Garnett v. Fox, Horan, Camerini, LLP. Additionally, the plaintiffs did not sufficiently allege overbilling by the defendants to support an independent breach of fiduciary duty action, contrasting with Cherry Hill Mkt. Corp. v. Cozen O'Connor P.C., where overbilling was a viable basis for such a claim. The court evaluated and dismissed the plaintiffs' remaining arguments as unpersuasive. The decision was entered on April 11, 2017, with the opinion published as uncorrected and subject to revision.