Jason Myers

Singer v. DeBlasio, et al, 165 N.Y.S.3d 690, modified in part and aff’d in part, 215 A.D.3d 440 (1st Dept. 2023). After oral argument, the Appellate Division affirmed the dismissal of the tortious interference with contractual relations claim against the defendant lobbyist. Additionally, it modified the decision by overturning the denial and dismissing the claims of tortious interference with prospective business and prima facie tort against the lobbyist defendant. The Appellate Division concluded that the Noerr-Pennington doctrine protected the defendant’s lobbying efforts opposing the development and rezoning of a commercial property in the East Village of New York City.

Miami Capital, LLC v Hurwitz, 2017 N.Y. Slip Op 31925(U) (Sup. Ct. N.Y. Cty 2017), aff’d 174 A.D.3d 414 (1st Dept. 2019). Both the Trial Court and the Appellate Division upheld the dismissal of a legal malpractice complaint involving a $1.4 million sale of real property owned by a nonprofit corporation. The nonprofit sought to undo the sale for lacking approval from the State of New York or the Attorney General’s Office. The defendant attorney, representing the buyer, argued that they did not obtain the necessary approvals as per New York’s Not-for-Profit Corporation Law. The Court ruled in favor of the defendant, citing the contract, which placed the responsibility for approvals on the nonprofit, not the buyer. The Appellate Division agreed, noting the defendant attorney’s reliance on the seller’s counsel’s statement that court approval was not needed due to the property not being a substantial asset.

Lubin v. Ross, 2019 N.Y. Misc. LEXIS 24244 (N.Y. Sup. Ct. Nassau Cty, 2019). The Court dismissed 14 claims, including legal malpractice and breach of fiduciary duty, against the attorney defendants. These claims arose from the plaintiff’s representation in a federal criminal case, where he pleaded guilty and later sued the attorneys, alleging inadequate advice regarding the plea’s consequences. The plaintiff sued his former attorneys and their subsequent firms. However, the Court found that the plaintiff did not allege his innocence or a credible claim of innocence in the underlying case, leading to the dismissal of all 14 claims. 

One PPW Owner LLC v. IBI Group, 2023 N.Y. Slip Op 30167(U) (N.Y. Sup. Ct. N.Y. Cty 2023). The Court granted a third-party defendant’s motion to dismiss claims for contractual and common law indemnification and breach of insurance obligations in a commercial property dispute. The property owner sued the architect, alleging faulty designs. The architect, in turn, sued all subcontractors, including permit expeditors. The Court dismissed these claims because the architect could not show that any duty for indemnification or insurance obligations existed.