North Flats LLC v Belkin Burden Goldman, LLP 2026 NY Slip Op 01165 Decided on March 03, 2026 Appellate Division, First Department is an example of where the defenses of insufficient expert causation evidence coupled with “intervening cause” entitle defendant to summary judgment.

“The court properly dismissed plaintiff’s claim for legal malpractice because defendant established prima facie entitlement to summary judgment by submitting the affirmation of an expert who opined that plaintiff did not have a claim for legal malpractice because its decision to rely on the sworn certification of plaintiff’s architect was reasonable under the circumstances, that withdrawal of the Certification of Article 7-B Compliance was not feasible, and that an application to extend the deadline for compliance would have been futile (see Global Bus. Inst. v Rivkin Radler LLP, 101 AD3d 651, 651 [1st Dept 2012]; see also North Flats LLC v Belkin Burden Goldman, LLP, 217 AD3d 427, 427-428 [1st Dept 2023]). Plaintiff failed to raise an issue of fact because its expert’s affidavit identified “no more than an error of judgment,” which “does not rise to the level of malpractice” (Rosner v Paley, 65 NY2d 736, 738 [1985]). Further, plaintiff chose to waive the rent arrears from several tenants. This demonstrates “an intervening cause . . . responsible” for plaintiff’s alleged injury (see Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 [2006]). To the extent that plaintiff claims damages “in the form of fees . . . incur[red] by substitute counsel, [plaintiff] would have incurred such fees whether [it] was represented by defendant[] or other counsel” (Cohen v Kachroo, 115 AD3d 512, 513 [1st Dept 2014]).”