"Celebrity Photographer" Kenneth Nahum owned two penthouses, and sat on the condo board.  Nevertheless, he and his attorneys failed successfully to purchase the rooftop area in between, and he has now successfully passed a motion to dismiss.

"A Manhattan judge has ruled that celebrity photographer Kenneth Nahoum may proceed with a legal malpractice suit stemming from his attempt to purchase 2,000 square feet of common space in his Soho building for less than $70,000.

Mr. Nahoum, who owns two penthouses at 95 Greene Street, retained real estate lawyer Carolyn L. Weiss and her Scarsdale, N.Y.-based law firm Weiss & Weiss in 2000 to represent him in the purchase of common rooftop space from the building’s board of managers, on which he then sat.

The sale was challenged by a later board, which said Mr. Nahoum had never gotten the required unanimous approval from the building’s unit owners and that the property at issue was larger than originally stated.

Mr. Nahoum sued Ms. Weiss for failing to recognize that his purchase was defective. "