Kasowitz Defeats Motion to Dismiss in Condo Board Action Against Kagan Lubic
Kasowitz secured a victory on August 7, 2015 on behalf of the Board of Managers of 325 Fifth Avenue Condominium and 325 Fifth Avenue Condominium (the “Condominium”), successfully defeating a motion to dismiss malpractice and related claims against New York real estate law firm Kagan, Lubic, Finkelstein & Gold. The Condominium alleged a pattern of dilatory tactics and other misconduct on the part of Kagan Lubic, which were designed to unduly delay the resolution of the Condominium’s claims against the sponsor and certain subcontractors involved in the development and construction of the condominium building located at 325 Fifth Avenue in New York, New York. In refusing to dismiss the claims, the New York Supreme Court rejected Kagan Lubic's arguments that the alleged dilatory tactics and other misconduct were the product of litigation strategies protected by the attorney judgment rule.
The Kasowitz team representing the Board of Managers of 325 Fifth Avenue and 325 Fifth Avenue Condominium includes partner Michael J. Bowe and associate Lauren Tabaksblat.