MORTGAGE GRADER, INC. VS. WARD & OLIVO, L.L.P., AND
JOHN OLIVO, ESQ., AND JOHN WARD, ESQ.
A-3777-13T3
In this legal malpractice case, in which plaintiff asserts claims against two attorneys who practiced law as a limited
liability partnership ("LLP"), we hold that the direct claims
against defendant John Ward must be dismissed because Ward is
not vicariously liable for the alleged malpractice of his
partner John Olivo. Ward was shielded from liability under the
Uniform Partnership Act, N.J.S.A. 42:1A-1 to -56, and the LLP
did not revert to a general partnership, as the judge had
concluded, notwithstanding the LLP's failure to maintain
professional liability insurance covering the claims in this
lawsuit, as required by Rule 1:21-1C(a)(3). We also hold that
plaintiff failed to comply with the Affidavit of Merit Statute
("AMS"), N.J.S.A. 2A:53A-26 to -29, by not serving an affidavit
of merit on Ward or otherwise substantially complying with the
AMS.
