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Federal Court Says You Can't Sue Your Attorney For Lost Profits Due To Botched Sale of Home

On October 18, 2016, a Federal Court Judge in Brooklyn dismissed a legal malpractice claim for lost profits on the sale of a multi - million dollar residential home in Sands Point, New York. The homeowners claimed that due to the negligence of their attorney's, they lost the opportunity to sell their house to "back-up buyers" when the deal with the original buyers fell apart. The Court dismissed the lost profits claim stating it was too speculative to allow a jury to decide whether the back up buyers would have paid $200,000 to $500,000 more than the house ultimately sold for after a lengthy delay.

The Court explained that under New York law, a lost profits claim must be demonstrated with reasonable certainty and may not be speculative or merely possible. The Court did allow the plaintiffs to pursue a claim for the additional costs in retaining ownership of the house, interest costs and additional attorneys fees incurred during the delay in finding another buyer.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the state. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ronald is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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