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BARTH v. BARTH, SULLIVAN & LANCASTER

179 A.D.2d 1049 (1992)

Frank X. Barth, as Executor of Frank L. Barth, Deceased, Appellant, v. Barth, Sullivan & Lancaster, Respondent, et al., Defendant

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

January 31, 1992

Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Plaintiff contends that the trial court erred in granting defendant Barth, Sullivan & Lancaster's motion for summary judgment on the ground that the complaint was barred by the three-year Statute of Limitations for legal malpractice. Viewing the evidence in the light most favorable to the nonmoving party, we find that plaintiff's submissions

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