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Cohen v. Sive, Paget & Riesel PC

Firm Fails to Show Coverage by Insurer Would Have Been Denied if Submitted When Retained

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DECISION AND ORDER

*1 Betty and Martin Cohen commenced this legal-malpractice, negligence and breach-of-contract action against Sive, Paget & Riesel, P.C. (SPR) and Steven Barshov. Defendants move for summary judgment. The motion is granted in part.BackgroundIn 2004, the Cohens’ neighbors — the Habers — did extensive excavation on their property as they planned to construct a house with two basement levels (Memorandum in Opposition [Opp] at 1). In August 2004, during the early stages of the excavation, the Cohens became concerned with vibrations and possible damage to their home and contacted the Habers’ contractor and the New York City Department of Buildings (DOB). The Cohens lodged an official complaint with DOB on August 31, 2004. The following day, DOB inspected the Cohens’ property and did not observe any structural defects (Affirmation in Support [Supp] at 9, Ex J; Opp, Exs 2-3). As the excavation work continued, plaintiffs suspected that their

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