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ULICO CASUALTY COMPANY v. ELSER

16 Misc.3d 1051 (2007)

843 N.Y.S.2d 749

ULICO CASUALTY COMPANY, Plaintiff, v. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER et al., Defendants.

Supreme Court, New York County.

March 29, 2007.

Attorney(s) appearing for the Case

Epstein Becker & Green, P.C., New York City (Peter L. Altieri and Jennifer Horowitz of counsel), for plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Patrick Brennan of counsel), for defendants.

OPINION OF THE COURT

MARCY FRIEDMAN, J.

This is an action by Ulico Casualty Company against Wilson, Elser, Moskowitz, Edelman & Dicker (Wilson Elser), its former attorney, for breach of fiduciary duty and malpractice. Ulico moves for partial summary judgment as to liability on its breach of fiduciary duty cause of action, and for an order directing that Wilson Elser return legal fees it received from Ulico during the period of Wilson Elser's alleged...

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