On March 22, 2022 an appellate court covering suits filed in Manhattan reversed a lower court that had dismissed a legal malpractice claim regarding the sale of a condominium. The plaintiff claimed that their attorneys were negligent for allowing their breach of contract action to be dismissed on statute of frauds grounds (meaning lack of a written contract) when in fact there was a bill of sale for the condo. It was claimed that the loss of the condo sale caused $4M in damages to plaintiff, who also seeks the return of $2M in legal fees paid to the defendant attorneys and interest.
The appellate court noted: "It later developed that there was, in fact, a written contract for the sale, and therefore, that the breach of contract action with respect to the sale was not barred by the statute of frauds. Nevertheless, defendants never moved to renew, vacate, or appeal the order." Komolov v Popik, 2022 N.Y. Slip Op. 01966