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BARNETT v. SCHWARTZ

47 A.D.3d 197 (2007)

848 N.Y.S.2d 663

TED BARNETT et al., Respondents-Appellants, v. JEFFREY L. SCHWARTZ et al., Appellants-Respondents.

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

December 11, 2007.

Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, New York City (A. Michael Furman and Jeffrey W. Kleiner of counsel), for respondents.

Finder and Cuomo, LLP, New York City (Sherri A. Jayson of counsel), for respondents-appellants.

CRANE, J.P., and BALKIN, J., concur with RITTER, J.; LIFSON, J., dissents and votes to reverse the judgment in a separate opinion.

OPINION OF THE COURT

RITTER, J.

The issue to be decided on this appeal is whether the defendants-attorneys committed legal malpractice in their representation of the plaintiffs in the negotiation and closing of a lease and purchase option agreement concerning certain commercial property. The plaintiffs sought the property for the purpose of manufacturing barbecue sauce. Approximately two years prior to the signing of the agreement, the subject property was...

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