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Legal Malpractice Claim Based On Faulty Tax Advice Dismissed By New York Court

The case is Millman v. Blatt & Dauman, 2018 NY Slip Op 30016(U).  The plaintiff sued his former divorce attorney and his accountant for providing allegedly faulty tax advice that he should file a joint return with his wife. Because the plaintiff alleged that he relied on the advice of the accounting firm, Blatt & Dauman, the Court dismissed the claim against the divorce lawyer. The court reasoned that if the client relied on the advice of the accounting firm, he could not have relied upon the lawyer’s advice. The court held that the claim against the accounting firm stated a claim and declined to dismiss that claim.

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