Deb-Jo Construction, Inc. v. Westphal

—Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Memorandum: The failure of an attorney to file a financing statement in the manner required by law to perfect his client’s security interest (Uniform Commercial Code §§ 9-302, 9-401 [1] [c]) constitutes negligence or malpractice as a matter of law (S & D Petroleum Co. v Tamsett, 144 AD2d 849, 850; Peoples Natl. Bank v Weiner, 129 AD2d 782). Defendant admitted that, at plaintiff’s request, he reviewed several contract documents, including a security agreement and financing statement, and that he…