Law360, New York (February 06, 2013, 6:18 PM ET) -- A lender who put up $70 million for an unfinished residential tower can't show that Herrick Feinstein LLP's allegedly bad zoning advice — and not another factor, like a deadly crane collapse or the economy tanking — caused its losses, the firm's attorney told a New York state appeals court Wednesday.
A lower court judge hadn't properly applied New York's two-pronged "but for" test — which requires a showing that real estate investment trust Arbor Realty Funding LLC wouldn't have given the loan without the allegedly...