BAER v. BRODER


106 Misc.2d 929 (1981)

Hella D. Baer, Plaintiff, v. Aaron J. Broder, Defendant.

Supreme Court, Special Term, Suffolk County.

February 26, 1981


Attorney(s) appearing for the Case

Kroll, Killarney, Pomerantz & Cameron for defendant. Hand & Finnerty for plaintiff.


JOSEPH JASPAN, J.

This is an action for malpractice against an attorney. The defendant moves pursuant to CPLR 3211 (subd [a], pars 3, 7) to dismiss the complaint upon the ground that the plaintiff does not have legal capacity to sue since she was not in privity with the defendant, and failing that to reduce the ad damnum clause from $500,000 to $250,000, the amount claimed in an underlying action.

In 1931 in a malpractice case involving...

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