DiGennaro and Fyman Secure Pre-Answer Dismissal

March 16, 2018 | Janice J. DiGennaro | Avigael C. Fyman | Professional Liability

In a Decision and Order dated March 7, 2018, Janice DiGennaro and Avigael Fyman secured the pre-answer dismissal of legal malpractice claims in the New York County Supreme Court against their client, an attorney who represented the purchaser of a $6.9 million luxury townhouse condominium in a converted historic police station.  The purchaser maintained that, had the defendants warned her to undertake environmental testing of the premises, she would have discovered the presence of unabated lead paint in the unit, notwithstanding the condominium sponsor’s representations to the contrary.  The Court found in our client’s favor, concluding that there was no duty based upon a limited scope retainer.  The Court also found that the purchaser’s claim that had she been so advised by our client, she would have discovered the unabated lead prior to closing and would have either renegotiated the terms of the purchase or walked away from the deal to be too speculative to form the basis of liability.  The Court also dismissed the purchaser’s breach of fiduciary duty claim as duplicative.  By addressing all of the issues raised in the motion, the Court in effect made the decision appellate-proof.

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