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VDR Realty Corp. v. Mintz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 986 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Kings County, Held, J.

Present — Doerr, J.P., Denman, Balio, Lawton and Davis, JJ.


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Factual allegations of the complaint to the effect that defendant attorney unreasonably delayed the prosecution of a landlord-tenant holdover proceeding and engaged in dilatory tactics, thereby increasing the attorney's fee and causing other consequential damages, state a cause of action for legal malpractice (see, Wolstencroft v. Sassower, 124 A.D.2d 582; 2 Mallen and Smith, Legal Malpractice § 24.15 [3d ed]; Note, Liability of an Attorney in the Conduct of Litigation, 12 Syracuse L Rev 494, 497 [1961]). Plaintiff VDR Realty Corp. may recover damages even though it was successful in the underlying action (see, Wolstencroft v. Sassower, supra; Skinner v. Stone, Raskin Israel, 724 F.2d 264; 76 N.Y. Jur 2d, Malpractice, § 44). Accordingly, we modify the order by denying defendants' motion to dismiss the complaint for failure to state a cause of action.

No issue was raised in the brief or reply brief regarding the court's imposition of a sanction for a frivolous cross motion for leave to enter a default judgment. That issue was, therefore, waived and is not properly before the court (see, Velte v. Jainew Enters., 122 A.D.2d 544).


Summaries of

VDR Realty Corp. v. Mintz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 986 (N.Y. App. Div. 1990)
Case details for

VDR Realty Corp. v. Mintz

Case Details

Full title:VDR REALTY CORP. et al., Appellants, v. KENNETH MINTZ, Individually and as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1990

Citations

167 A.D.2d 986 (N.Y. App. Div. 1990)

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