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MENDOZA v. SCHLOSSMAN

87 A.D.2d 606 (1982)

Jose Mendoza, Appellant, v. George M. Schlossman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1982

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment reversed, order vacated, and matter remitted to Trial Term for further proceedings consistent herewith.

Plaintiff is awarded one bill of costs. Where a default is entered against a defendant in a legal malpractice action, plaintiff is not required to prove the probable success of the underlying action upon an assessment of damages. An action...

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