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TOWN LINE PLAZA ASSOCS. v. CONTEMPORARY PROPS., LTD.

223 A.D.2d 420 (1996)

636 N.Y.S.2d 57

Town Line Plaza Associates et al., Respondents, v. Contemporary Properties, Ltd., et al., Defendants, and Douglas J. Lustig, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 18, 1996

As sufficient elements of legal malpractice were asserted (see, Mendoza v Schlossman, 87 A.D.2d 606), the IAS Court properly denied defendant Lustig summary judgment. While privity of contract is necessary to state a cause of action for professional malpractice (see, Estate of Spivey v Pulley, 138 A.D.2d 563, 564), liability is extended in the presence of "special circumstances...

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