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ALROSE STEINWAY, LLC v. JASPAN SCHLESINGER, LLP

Index No. 151482/17. Appeal No. 15975. Case No. 2021-01144.

205 A.D.3d 529 (2022)

169 N.Y.S.3d 260

2022 NY Slip Op 03310

Alrose Steinway, LLC, Appellant, v. Jaspan Schlesinger, LLP, et al., Respondents, et al., Defendant.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Duke Holzman Photiadis & Gresens LLP, Buffalo (Christopher M. Berloth of counsel), for appellant.

L'Abbate Balkan Colavita & Contini, LLP, Melville (Marian C. Rice of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.

Plaintiff claims that defendants negligently failed to advise it that an amendment to a commercial lease would extinguish its purchase option upon sale of the premises and that, but for defendants' negligence, it would not have signed the amendment but would have exercised its purchase option as of right between 2023 and 2024, acquiring the premises for no more than $11.4 million. It is undisputed that after the amendment was executed, the landlord received a bona fide third...

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