The Appellate Division has given real estate developer Bruce Kaye a second chance to seek disgorgement of $1 million he paid to an attorney who committed fraud and malpractice while serving as his general counsel.

The appeals court reversed an August 2017 order dismissing Kaye’s suit against Alan Rosefielde, who improperly transferred ownership interests in some of Kaye’s businesses to himself after he was hired to manage Kaye’s real estate holdings. The appeals court also reversed a March 2018 order granting Rosefielde roughly $30,000 on an application for fees spent litigating his motion to dismiss.