Hutt v. KANTERMAN & TAUB, PC

CourtNew York Supreme Court Appellate Division
Citation720 N.Y.S.2d 781,280 A.D.2d 379
PartiesROBERT HUTT et al., Appellants,<BR>v.<BR>KANTERMAN & TAUB, P. C., et al., Respondents.
Decision Date20 February 2001

280 A.D.2d 379
720 N.Y.S.2d 781

ROBERT HUTT et al., Appellants,
v.
KANTERMAN & TAUB, P. C., et al., Respondents.

Decided February 20, 2001.


Concur — Nardelli, J.P., Tom, Lerner, Buckley and Friedman, JJ.

The first cause of action was properly dismissed on the ground that while defendant attorneys' failure to perfect the appeal from the order dismissing the underlying action may have been sufficient to plead a breach of duty, plaintiffs' allegations fail to show that but for such failure they would have prevailed on the appeal (see, Weiner v Hershman & Leicher, 248 AD2d 193). The third cause of action, which alleges that defendants' failure to perfect the appeal constituted a breach of their agreement to "prosecute [the underlying action] with skill, care and professional competence commonly possessed and exercised by a member of the legal profession," was properly dismissed as redundant of the first cause of action for malpractice absent allegations setting forth the specific terms of a separate retainer agreement concerning the appeal (see,

[280 A.D.2d 380]

Senise v Mackasek, 227 AD2d 184). As to the second cause of action, which alleges that defendants failed to skillfully oppose the summary judgment motion that resulted in the dismissal of plaintiffs' complaint in the underlying action, summary judgment in favor of defendants was properly granted. Our review of the record indicates that the result in the underlying action would ultimately have been the same even if the omitted evidence and arguments had been presented on the original motion (see, 23 Realty Assocs. v Zack, 255 AD2d 111). We have considered plaintiffs' other arguments and find them unpersuasive.

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4 practice notes
  • Halwani v. Boris Kogan & Assocs., 2021-06039
    • United States
    • United States State Supreme Court (New York)
    • November 4, 2021
    ...allegations failed to establish that but for such failure he would have been successful on the appeal (see Hutt v Kanterman & Taub, P.C., 280 A.D.2d 379, 379 [1st Dept 2001], lv denied 96 N.Y.2d 713 [2001]). ...
  • Halwani v. Boris Kogan & Assocs., Appeal No. 14563
    • United States
    • United States State Supreme Court (New York)
    • November 4, 2021
    ...allegations failed to establish that but for such failure he would have been successful on the appeal (see Hutt v Kanterman & Taub, P.C., 280 A.D.2d 379, 379 [1st Dept 2001], lv denied 96 N.Y.2d 713 [2001]). ...
  • Halwani v. Boris Kogan & Assocs., P.C., 14563
    • United States
    • New York Supreme Court Appellate Division
    • November 4, 2021
    ...failed to establish that but for such failure he would have been successful on the appeal (see Hutt v. Kanterman & Taub, P.C., 280 A.D.2d 379, 379, 720 N.Y.S.2d 781 [1st Dept. 2001], lv denied 96 N.Y.2d 713, 729 N.Y.S.2d 440, 754 N.E.2d 200 [2001]...
  • Matter of Sakow
    • United States
    • New York Supreme Court Appellate Division
    • February 20, 2001
    ...warranted in light of clear and convincing evidence that objectant-appellant Walter Sakow's continued control of the Bronx properties [280 A.D.2d 379] would result in irreparable harm to the sisters' interests therein (cf., McBrien v Murphy, 156 AD2d The notices of pendency for the Bronx pr......
4 cases
  • Halwani v. Boris Kogan & Assocs., 2021-06039
    • United States
    • United States State Supreme Court (New York)
    • November 4, 2021
    ...allegations failed to establish that but for such failure he would have been successful on the appeal (see Hutt v Kanterman & Taub, P.C., 280 A.D.2d 379, 379 [1st Dept 2001], lv denied 96 N.Y.2d 713 [2001]). ...
  • Halwani v. Boris Kogan & Assocs., Appeal No. 14563
    • United States
    • United States State Supreme Court (New York)
    • November 4, 2021
    ...allegations failed to establish that but for such failure he would have been successful on the appeal (see Hutt v Kanterman & Taub, P.C., 280 A.D.2d 379, 379 [1st Dept 2001], lv denied 96 N.Y.2d 713 [2001]). ...
  • Halwani v. Boris Kogan & Assocs., P.C., 14563
    • United States
    • New York Supreme Court Appellate Division
    • November 4, 2021
    ...failed to establish that but for such failure he would have been successful on the appeal (see Hutt v. Kanterman & Taub, P.C., 280 A.D.2d 379, 379, 720 N.Y.S.2d 781 [1st Dept. 2001], lv denied 96 N.Y.2d 713, 729 N.Y.S.2d 440, 754 N.E.2d 200 [2001]...
  • Matter of Sakow
    • United States
    • New York Supreme Court Appellate Division
    • February 20, 2001
    ...warranted in light of clear and convincing evidence that objectant-appellant Walter Sakow's continued control of the Bronx properties [280 A.D.2d 379] would result in irreparable harm to the sisters' interests therein (cf., McBrien v Murphy, 156 AD2d The notices of pendency for the Bronx pr......

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