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TENZER, GREENBLATT, FALLON & KAPLAN v. ELLENBERG

199 A.D.2d 45 (1993)

604 N.Y.S.2d 947

Tenzer, Greenblatt, Fallon & Kaplan, Appellant, v. Jane V. Ellenberg, Respondent

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

December 7, 1993

Plaintiff's motion to dismiss defendant's counterclaim for legal malpractice pursuant to CPLR 3211 (a) (7) was properly denied since a motion to dismiss a pleading will fail, if, from its four corners, factual allegations are discerned which taken together manifest any cause of action cognizable at law (Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275). Plaintiff's contention that defendant has failed to establish the damage element of...

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