Florists’ Mut. Ins. Co., Inc. v Behman Hambelton, LLP, 2018 NY Slip Op 02556 [160 AD3d 502]

April 12, 2018

Appellate Division, First Department

[*1]

Florists’ Mutual Insurance Company, Inc., Doing Business as Hortica Insurance and Employee Benefits, Appellant,

v

Behman Hambelton, LLP, et al., Respondents.

Rawle & Henderson, LLP, New York (Richard Polner of counsel), for appellant.

Blank Rome LLP, New York (Andrew T. Hambelton of counsel), for respondents.

Order, Supreme Court, New York County (Robert R. Reed, J.), entered December 12, 2016, which granted defendants’ motion to dismiss the complaint alleging legal malpractice as time-barred, unanimously affirmed, without costs.

Plaintiff’s contention that it was obligated to pursue an appeal of the underlying action prior to filing a legal malpractice claim is unavailing, as the appeal to the Workers’ Compensation Board was not likely to succeed ( Grace v Law , 24 NY3d 203 , 209-210 [2014]). Furthermore, the Workers’ Compensation Board’s appellate decision was issued on October 29, 2013, leaving plaintiff almost two years to bring an action on the alleged malpractice, which accrued in September 2012. Concur—Sweeny, J.P., Richter, Andrias, Webber, Moulton, JJ..