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MARCUS BORG ROSENBERG & DIAMOND v. GILBERT, SEGALL & YOUNG

248 A.D.2d 279 (1998)

670 N.Y.S.2d 73

Marcus Borg Rosenberg & Diamond, Plaintiff, v. Gilbert, Segall and Young, L. L. P., Defendant and Third-Party Plaintiff-Appellant. Omabuild Corporation, Third-Party Defendant-Respondent

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

March 24, 1998

Concerning the malpractice counterclaim, the underlying holdover proceeding commenced by the law firm was dismissed twice, once for improper service and a second time for failure to submit a copy of the lease at trial, resulting in a delay of over a year, from November 1991 to December 1992, during which time no use and occupancy was awarded, and thereafter use and occupancy for that period was not sought until the conclusion of...

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