Legal Malpractice

Victory and Appellate Defeat in Legal Malpractice

By (Andrew Lavoott Bluestone)

The Appellate Decision in Steven Von Duerring,  v. Hession & Bekoff,  is so sparse that one has absolutely no idea what the case is about.  When we turn to the Supreme Court case from which the appeal emanates we see that it is a legal malpractice arising out of a claim that "they were negligently represented by defendants in the failed purchase of a house to be constructed on plaintiff's behalf by third parties (sellers).

The deal fell apart.  Plaintiffs did not get a mortgage, but seemed to be able to demonstrate financial ability and willingness to set aside funds to comply.  Did the deal fall apart because of negligence of the attorneys or not?  Supreme Court determined that under the circumstances, issues of fact existed as to whether defendant attorneys breached their duty of care in advising plaintiffs during the closing process that an escrow deposit would be sufficient to avoid cancelling the contract.

Supreme Court said yes, the Appellate Division said no.  Unfortunately for us, the AD did not set forth its reasons.

Full post as published by New York Attorney Malpractice Blog on March 12, 2010 (boomark / email).