Misulovin v. Chrisomalis

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

In this legal malpractice action, plaintiff alleged that she sustained damages in the amount of $12,085 due to defendant’s failure to record a mortgage upon real property, thereby allowing a federal tax lien in the amount of $12,426.20 to become senior to her mortgage and to be satisfied upon the foreclosure sale of the real property securing the mortgage. (The amount of surplus generated from the sale was significantly less than the amount of plaintiffs mortgage.) Plaintiff moved for and was awarded summary judgment upon…