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VPC PROJECTS, LLC v. GOLENBOCK EISEMAN ASSOR BELL & PESKOE, LLP

Index No. 156097/16. Appeal No. 13198. Case No. 2020-03226.

191 A.D.3d 623 (2021)

139 N.Y.S.3d 529

2021 NY Slip Op 01225

VPC Projects, LLC, Appellant, v. Golenbock Eiseman Assor Bell & Peskoe, LLP, Respondent. (And a Third-Party Action.)

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Law Office of Daniel L. Abrams, PLLC, New York ( Daniel L. Abrams of counsel), for appellant.

Melito & Adolfsen P.C., New York ( John H. Somoza of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Mendez, JJ.

Plaintiff contends that the closing of its café/bar was caused by defendant's erroneous advice that its insurance would not indemnify it in, or defend it against, a noise-based nuisance action brought against the bar by its residential neighbors and that, had it been correctly advised, it would not have closed the bar and would have recouped its $1 million investment in the bar's storefront. Because the calculation of plaintiff...

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