Sometimes the First Department writes a long opinion, sometimes only a paragraph. Here, in Heth v Satterlee Stephens Burke & Burke LLP 2018 NY Slip Op 02307 Decided on April 3, 2018
Appellate Division, First Department the issues were distilled, the opinion was short.
“Plaintiff alleges that defendants, representing him pursuant to an engagement letter while simultaneously representing others with conflicting interests, in drafting a December 2009 agreement, negligently failed to include a provision whereby the obligations he owed to another party to the contract under a prior agreement would be superseded or released according to the alleged oral understanding between him and the other party, and that defendants negligently failed to advise him that the other party’s oral promises were unenforceable due to a written modification requirement in the prior agreement. These allegations state a cause of action for legal malpractice (see Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 ). The documentary evidence submitted by defendants does not utterly refute plaintiff’s factual allegations (see Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 ).”