On May 25, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Escabi v. Twins Contr., LLC, 2022 NY Slip Op. 50423(U), granting summary judgment dismissing a claim for architectural malpractice for failure to present expert evidence establishing malpractice, explaining:
Plaintiff’s motion seeking summary judgment on her claim for architectural malpractice by MSA and HM is denied. Significantly, she fails to establish prima facie entitlement to summary judgment on her third cause of action against MSA and HM for architectural malpractice insofar as she fails to present any expert evidence establishing malpractice.
It is well settled that expert opinion is proper when it would help to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror. In 530 E. 89 Corp. v Unger (43 NY2d 776 [1977]), a case where it was alleged that defendants architect had committed malpractice, the court held that the failure to present expert evidence on the issue of defendants’ inordinate delays in complying with objections of the building department was fatal. Significantly, the court held that
Here, where the first amended complaint alleges that MSA and HM committed architectural malpractice in failing to draft proper plans depicting the plumbing and electrical systems at 1732, plaintiff’s wholesale failure to offer any expert evidence in support of her allegations, so as to establish malpractice, is fatal.
(Internal quotations and citations omitted).