Eurotech Construction Corp. v. Fischetti & Pesce, LLP

Order, Supreme Court, New York County (Robert R. Reed, J.), entered January 17, 2007, which, to the extent appealed from, denied defendant’s motion to dismiss the legal malpractice claim, and granted the motion as to the breach of fiduciary duty and breach of implied contract claims, unanimously affirmed, without costs.

The complaint alleges that defendant failed to ensure that plaintiff gave timely notice to its excess carrier that the primary insurer’s limits were likely to be exhausted in connection with the underlying personal injury claim. Conceding the general principle that a law firm…