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NO PRIVITY, NO LIABILITY

j0341466.jpgIn Breen v. Law Offices of Bruce A. Barket, P.C ., Eileen Breen alleged malpractice after allegedly losing a portion of her property in a divorce settlement.

Eileen and her ex-husband, George Breen, jointly owned two pieces of land in Connecticut, which had been "conveyed to them in a single deed."

The couple agreed George would purchase Eileen's interest in one parcel and the second would be sold and the proceeds shared.

George's attorney, Gerald Hecht, drew up a quitclaim deed which Eileen's attorney reviewed and Eileen signed. However, Eileen later learned that the property's description "resulted in the conveyance of both parcels to George Breen."

When the Nassau County Supreme Court refused to dismiss Breen's case against Hecht, an appeal to the Appellate Division, Second Department, ensued.

The AD2 didn't believe Hecht had participated in any "fraud, collusion, [or] malicious acts" against Eileen. He also couldn't be held liable for "professional negligence" because he wasn't in "privity" -- didn't have a relationship -- with her. Rather, Hecht had been hired by George and "never had any contact" with Eileen.

By George!

j0303364.gifTo download a copy of the Appellate Division's decision, please use this link:  Breen v. Law Offices of Bruce A. Barket, P.C

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