Legal Opinion
TMB Communications v. Preefer
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2009PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered October 31, 2008, which denied defendant’s motion for summary judgment dismissing the complaint in this legal malpractice action, unanimously affirmed, without costs.
The motion court correctly found the retainer agreement ambiguous (see W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162 [1990]) with respect to the scope of defendant’s obligations (see Beal Sav. Bank v Sommer, 8 NY3d 318, 324 [2007]). Plaintiffs’ explanation for the late submission of their premerger claim was neither a conclusive bar to their assertion that…
2Cases cited5 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Beal Savings Bank v. SommerNew York Court of Appeals · 2007
- Ficus Investments, Inc. v. Private Capital Management, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Kalikow 78/79 Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Factory Mutual Insurance v. Mutual Marine Office, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by2 opinions
- United East LLC v. ChuriAppellate Terms of the Supreme Court of New York · 2009
- Payne v. Rosenberg, Minc, Falkoff & Wolfe, LLPAppellate Division of the Supreme Court of the State of New York · 2024