Client Claims Attorney Lost Tax Abatement Application Which Was Denied As Untimely
On December 12, 2018 an appellate court threw out a decision by a Queens County Judge who granted a pre-trial motion by a real estate firm to hold their attorney liable for legal malpractice as a matter of law.The client owned property in the Bronx and argued that it retained the attorney to file an application for a tax abatement which was denied solely because it was late. The appellate court explained that there were factual issues for a jury to decide. In order to have the Court declare the attorney negligent as a matter of law the client must submit "evidence that it's application for the subject tax abatement would have been granted had it been timely filed." No such evidence had been presented by the client. 762 Westchester Ave. Realty, LLC v Bill Mavrelis, 2018 WL 651471
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