Still May Be Responsible For Some of the Damage
Supreme Court and the Appellate Division sometimes are able to perform surgery on a complaint, allowing provable claims and damages to remain in play while the balance is excised. Such is the case in Morad Assoc., LLC v Lee 2013 NY Slip Op 08204 Decided on December 10, 2013
Appellate Division, First Department.
We deduce that defendant attorney represented a landlord, and that a tenant was illegally evicted, and when evicted, his property was destroyed. Both Justice Edmead and the AD found that the attorneys might be liable for the illegal eviction, but the AD conclusively held that attorneys were not responsible for the destruction.
"The evidence submitted by defendant attorney, while showing that he may not be liable for a large measure of the damages assessed against plaintiff, failed to establish as a matter of law that his alleged negligence was not the cause of at least some of those damages. In addition to the damage to the property of plaintiff's tenant, plaintiff was also assessed damages for wrongful eviction for which defendant may be held liable. We find no basis for holding defendant liable for any damages plaintiff incurred when its agents destroyed the tenant's property. "