Fleischner Potash represented a law firm who had been retained by Plaintiff in connection with her purchase of a condominium where there had been a history of leaks. The Complaint alleged that defendant law firm failed to provide adequate representation to plaintiff with respect to disclosure of the scope of water leaks the condominium experienced prior to her purchase of the apartment. The Court agreed with the argument set forth by Fleischner Potash that defendant law firm had no duty to launch an investigation into the alleged fraud of the sellers. The Court pointed to the fact that the board minutes revealed that the prior leaks had been resolved and that the plaintiff knew of these prior leaks. For this reason, the Court held that no act or omission on the part of the defendant law firm was the proximate cause of any damage to the plaintiff, and dismissed the legal malpractice claim in its entirety.
A copy of the decision and order can be found here.525778_2018_JANICE_GILMAN_v_JANICE_GILMAN_ORDER___OTHER_170