NY Appellate Panel Revives Tax-Deferred RE Malpractice Suit

Law360, New York (January 10, 2014, 2:39 PM EST) -- A New York appellate court on Wednesday revived a malpractice suit filed by a tax-deferred real estate concern against Twomey Latham Shea Kelley Dubin & Quartararo LLP, finding a trial judge went too far in throwing out claims tied to $5.5 million that got caught up in the LandAmerica Financial Group Inc. bankruptcy.

A four-judge panel sitting in the Second Judicial Department — a midlevel state appellate court — said Westchester County Judge Orazio R. Bellantoni should have held on off dismissing the complaint in June 2012.

"Construing the complaint liberally, accepting the facts alleged in the complaint as true, and...

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