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WO YEE HING REALTY v. STERN

115517/07, 7020.

99 A.D.3d 58 (2012)

949 N.Y.S.2d 50

2012 NY Slip Op 5792

WO YEE HING REALTY CORP., Appellant, et al., Plaintiffs, v. HOWARD STERN, ESQ., Respondent.

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

Decided July 31, 2012.

Attorney(s) appearing for the Case

Drabkin & Margulies, New York City ( Caitlin A. Robin of counsel), for appellant.

Braverman & Associates, P.C., New York City ( Tracy M. Peterson of counsel), for respondent.

SWEENY, RENWICK and RICHTER, JJ., concur with SAXE, J.P.; DEGRASSE, J., dissents in a separate opinion.

OPINION OF THE COURT

SAXE, J.P.

The issue presented in this legal malpractice action is whether plaintiff has offered sufficient proof to create a triable issue of fact as to whether defendant's alleged malpractice proximately caused its claimed losses.

Plaintiff Wo Yee Hing Realty Corp. is a family-owned real estate holding corporation; its principals are brothers Chun Yee Yung, Chun Hing Yung, and Chun Wo Yung, who sued individually until they...

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