The plaintiffs sued the defendant purchaser for a failed real estate transaction and added their own lawyers, KGB, as a defendant solely because KGB held the deposit in trust.
The defendant purchaser crossclaimed against KGB for contribution and indemnity under the Negligence Act, alleging KGB negligently drafted the agreement of purchase and sale.
KGB moved to strike the crossclaim under Rule 21.01(1)(b).
The court granted the motion, finding that KGB owed no duty of care to the opposing party and that the underlying dispute was framed in contract, not negligence.
The crossclaim was struck without leave to amend.
