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MCEG STERLING v. PHILLIPS

169 Misc.2d 625 (1996)

646 N.Y.S.2d 778

MCEG Sterling, Inc., Plaintiff, v. Phillips Nizer Benjamin Krim & Ballon et al., Defendants.

Supreme Court, New York County.

July 31, 1996

Attorney(s) appearing for the Case

Phillips Nizer Benjamin Krim & Ballon, L. L. P., New York City, defendant pro se, and Jay F. Gordon and Mark P. Weiss for Phillips Nizer Benjamin Krim & Ballon and others, defendants. Siegel, Sommers & Schwartz, L. L. P., New York City (Ronald R. Sussman and Bryan W. Kishner of counsel), for plaintiff.

DAVID B. SAXE, J.

May a law firm be liable for failing to anticipate a new development in the law, or for failing to protect its client against a future novel legal claim, the merit of which is unknown? Because I believe that it may not, I grant the defendant's motion to dismiss.

This legal malpractice action is brought by the assignee of the rights of Credit du Nord (CdN), the former client of defendant...

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