SARASOTA, INC. v. KURZMAN & EISENBERG, LLP


28 A.D.3d 237 (2006)

814 N.Y.S.2d 94

SARASOTA, INC., as Successor and Assignee of F.D.I.C., Respondent, v. KURZMAN & EISENBERG, LLP, et al., Appellants, et al., Defendants.

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

April 6, 2006.


There is at least an issue of fact as to whether the contract claim was viable as a promise to achieve a particular result separate from the breach of general professional standards in defendants' field and thus not duplicative of the legal malpractice cause of action (see Matter of R.M. Kliment & Frances Halsband, Architects [McKinsey & Co., Inc.], 3 N.Y.3d 538, 542-543 [2004]; Senise v. Mackasek,

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