Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP

Lifson, J. (dissenting).

The issue presented is fairly narrow: Did the complaint set forth sufficient facts to sustain a viable cause of action to recover damages for legal malpractice or, alternatively, whether the cause of action should have been summarily dismissed based on the documentary proof submitted. Because I believe that the majority would impose a duty on lawyers that has heretofore not been recognized by any court in this state, I respectfully dissent. Moreover, I note that the plaintiffs proof was insufficient to defeat the defendant’s motion.

The complaint herein asserts that…