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COLE v. WERTHEIMER

99 A.D.2d 729 (1984)

Kevin Cole, Respondent, v. Florrie L. Wertheimer et al., Appellants, et al., Defendant

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

February 23, 1984

While we affirm the determinations of Special Term in this legal malpractice action, we do so simply because the complaint, on its face presents justiciable issues (see Rovello v Orofino Realty Co., 40 N.Y.2d 633; Guggenheimer v Ginzburg, 43 N.Y.2d 268); and Special Term did not elect to treat the motion as one for summary judgment by invoking...

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