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MIAMI CAPITAL, LLC v. HURWITZ

9793. 150310/16.

174 A.D.3d 414 (2019)

101 N.Y.S.3d 598

2019 NY Slip Op 05332

Miami Capital, LLC, Appellant, v. Seymour Hurwitz, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 2, 2019.

Defendant's motion was properly granted because while plaintiff anticipates that it could be subject to a rescission claim at some point in the future, such alleged damages are purely speculative and not yet ripe. Since damages in a legal malpractice case are designed "to make the injured client whole" (Campagnola v Mulholland, Minion & Roe, 76 N.Y.2d 38, 42 [1990]), having failed to plead actual damages, plaintiff's complaint...

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