Issues of fact exist, however, as to whether Striano was involved in certain decisions regarding the handling of the mortgage foreclosure actions filed against the borrower and, if so, whether those decisions constituted an intervening cause of the plaintiffs' injuries (see Eisenberger v Septimus, 44 AD3d 994, 995; Brooks v Lewin, 21 AD3d 731, 734; Selletti v Liotti, 22 AD3d 739, 740; Blank v Harry Katz, P.C., 3 AD3d 512, 513). [read post]

Bells v Foster 2011 NY Slip Op 03195 Decided on April 19, 2011 Appellate Division, Second Department say: "Here, the plaintiff failed to establish her prima facie entitlement to judgment as a matter of law because she failed to demonstrate that any negligence on the defendant's part in failing to timely cancel the contract of sale on her behalf was the sole proximate cause of her damages (see Snolis v Clare, 81 AD3d 923; see also Selletti v… [read post]

” Expert testimony “On a plaintiff’s motion for summary judgment in a legal malpractice case, the plaintiff“will be entitled to summary judgment in a case where there is no conflict at all in the evidence, the defendant’s conduct fell below any permissible standard of due care, and the plaintiff’s conduct was not really involved” (Selletti v Liotti, 22 AD3d 739, 740 [2d Dept 2005]; see also Logalbo v Plishkin, Rubano… [read post]