Under these circumstances, the breach of fiduciary claim arises from a different set of facts than the legal malpractice claim such that both may be sustained (see Exeter Law Group LLP v Wong, 2016 NY Slip Op 32425[U] [Sup Ct, NY County 2016] [denying motion to dismiss certain counterclaims, including counterclaim for legal malpractice due to reliance on alleged negligent representations when forming business ventures and counterclaim for breach of fiduciary duty for… [read post]