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LAUER v. RAPP

190 A.D.2d 778 (1993)

Lawrence Lauer, Appellant, v. Cheryl Rapp et al., Respondents

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

February 16, 1993

Ordered that the order dated February 11, 1991, is reversed, on the law, with costs, the motion to renew is granted and, upon renewal, the plaintiff's motion to dismiss the counterclaim to recover damages for legal malpractice is granted.

When first moving to dismiss the counterclaim, the plaintiff, an attorney, submitted an affirmation instead of an affidavit in support of the motion. Since he was a party to the action...

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