MONCHO v. MILLER

Index No. 155382/17. Appeal No. 14838-14838A. Case No. 2020-02794.

200 A.D.3d 533 (2021)

160 N.Y.S.3d 216

2021 NY Slip Op 06960

Lee Moncho et al., Appellants, v. Harry Miller, Also Known as Chaim Miller, et al., Defendants, and Jonathan Pasternak et al., Respondents.

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

Decided December 14, 2021.


Attorney(s) appearing for the Case

Law Offices of Thomas J. Goodman, New York ( Thomas J. Goodman of counsel), for appellants.

Abrams Garfinkel Margolis Bergson, LLP, New York ( Robert J. Bergson of counsel), for Jonathan Pasternak, respondent.

L'Abbate, Balkan, Colavita & Contini, L.L.P., Melville ( Joan Martino of counsel), for Delbello Donnellan Weingarten Wise & Wiederkehr LLP, respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.


Plaintiff 261 East 78 Realty Corp. (Realty) commenced a bankruptcy proceeding on December 6, 2011. On January 4, 2013, Realty retained defendants Pasternak and DelBello to represent it in the proceeding. Plaintiffs then commenced this action, asserting claims for, inter alia, fraud and legal malpractice against defendants Pasternak and DelBello arising out of their representation of Realty in the bankruptcy proceeding.

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