BENITEZ v. UNITED HOMES OF N.Y. LLC

1706, 309302/08, 83847/09.

142 A.D.3d 867 (2016)

38 N.Y.S.3d 26

ARISTALIA BENITEZ, Plaintiff, v. UNITED HOMES OF NEW YORK, LLC, et al., Defendants. U.S. BANK, NATIONAL ASSOCIATION, Third-Party Plaintiff-Respondent, v. ANM FUNDING, LLC, et al., Third-Party Defendants, and LOWENTHAL & KOFMAN et al., Third-Party Defendants-Appellants.

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

Decided September 27, 2016.


The bank made a prima facie showing that the law firm departed from the standard of care in connection with the closing of a residential real estate mortgage loan to plaintiff by, among other things, failing to advise that the subject property lacked a certificate of occupancy, failing to advise of the risk of funding the loan under these circumstances, and failing to confirm that plaintiff contributed 3% of her own funds toward closing, a condition of the loan (see generally...

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