Romano v. Ficchi

In Romano v. Ficchi, 2009 WL 1460781 51011, May 22 2009, 23 Misc. 3d 1130[A] 2009 NY Slip OP 51011[U] [2009] the defendant represented the plaintiff in the purchase of a residential condominium. The defendant was aware of the adjoining property owner's intent to build a structure that would obstruct the plaintiff's view (2009 NY Slip Op 51011[U] at 1). The plaintiff alleged malpractice because the defendant knew the importance of the condominium's view, failed to inform the plaintiff of the adjoining property owner's plans, and that she suffered damages because the value of the condominium she purchased was less because of the view obstruction (2009 NY Slip Op 51011[U] at 2). In denying CPLR 3211 dismissal of plaintiffs complaint, the court explained that "if an attorney negligently or willfully withholds from [a] client information material to the client's decision to pursue a given course of action, or to abstain therefrom, then the attorney is liable for the client's losses suffered as a result of the action taken without benefit of the undisclosed material facts" (id.).