Lawyer’s Failure to Disclose May Be Malpractice

Lawyer sought the dismissal of malpractice claims in connections with lawyer’s representation of client in purchasing a condominium which had a desirable view. The purchase was based largely on that view. Plaintiff claimed that because her lawyer represented the seller of an adjoining property and knew that the buyer of that property would build a building that would block her condominium’s view, her lawyer had an obligation to disclose that information as he was aware that the view was what motivated her to buy the condominium. The court held that because the lawyer knew these facts, and because he owed his client a high-level duty, plaintiff’s claim of malpractice was not dismissed.