FKB’s Aaron M. Barham and Alec Neimand secured a CPLR 3211 dismissal of a legal malpractice complaint on behalf of a real estate attorney Westchester County Supreme Court.

FKB’s client represented the Plaintiff in the purchase of a Manhattan luxury co-op apartment. After the Plaintiff purchaser withdrew the application facing possible rejection by the co-op board, Plaintiff filed a legal malpractice claim against FKB’s client alleging failure to provide advice about the Plaintiff’s rights under the sales contract. In their successful 3211 motion to dismiss, FKB submitted documentary evidence refuting the Plaintiff’s allegations and demonstrating that Plaintiff was timely and properly advised about pertinent loan commitment and application submission deadlines.

If you have any questions about this decision, please contact Aaron M. Barham or Alec Neimand.