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NEFF v. SCHWARTZAPFEL

254 A.D.2d 137 (1998)

679 N.Y.S.2d 37

Donna Neff, Formerly Known as Donna Sennefelder, Appellant, v. Steven Schwartzapfel, P. C., et al., Respondents

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

October 20, 1998

The malpractice cause of action, which, read in conjunction with the fraud cause of action, merely alleged that defendant advised plaintiff to accept a prelitigation settlement offer as the "`best'" she could do given the nature of her injuries, and that defendant "failed to use reasonable care" in prosecuting plaintiff's claim, causing her damages, was properly dismissed for failure to set forth any facts showing departure from...

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