Broadway and Barry Manilow…it seemed destined for success, but lack of investors doomed the production of Harmony.  The case revolved around alleged wrong advice on the date of the second option payment, which plaintiff has argued could have been made with the correct date advice.

The option lapsed, an arbitration with Manilow and others ensued, and plaintiffs sued attorney Robert Barandes of Beckman, Lieberman & Barandes for malpractice. In Snorkel Prods., Inc. v Beckman Lieberman & Barandes, LLP ; 2009 NY Slip Op 03840  Decided on May 14, 2009
Appellate Division, First Department  we see that plaintiffs have salvaged [in the second act], a small part of the case, in which it is determined that although they cannot proceed on a theory of lost profits in the non-production, they may sue for the costs of arbitration, said by Tom Hyland of Wilson Elser, to be in the $ 200,000 range.
 

"The only loss proximately caused by defendants’ negligent advice was plaintiff Snorkel’s loss of its right to produce the play. While there is no nonspeculative basis for valuing [*2]that right, Snorkel may seek to recover as damages the expenses it incurred in connection with the arbitration commenced by Manilow and Appoggiatura to recover their rights. "