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MII EXPS., INC. v. MOONEY

223 A.D.2d 499 (1996)

637 N.Y.S.2d 95

MII Exports, Inc., et al., Plaintiffs, v. Donald F. Mooney, Defendant and Third-Party Plaintiff-Appellant. Vernon & Ginsburg et al., Third-Party Defendants-Respondents

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

January 30, 1996

The third-party complaint was properly dismissed since it is clear that third-party defendants, substituted by plaintiffs as their attorneys in the underlying action in place of defendant attorney Donald Mooney, did not breach any duty owing to plaintiffs or contribute to the alleged legal malpractice which allegedly caused plaintiffs to sustain damages (see, Rosner v Paley, 65 N.Y.2d 736). That third-party defendants moved...

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