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VOLPE v. DRELICH

266 A.D.2d 70 (1999)

698 N.Y.S.2d 463

SHERRI L. VOLPE, Respondent, v. STEVEN DRELICH, Defendant, and PERECMAN & DERSOVITZ, P. C., Appellant.

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

Decided November 16, 1999.

In this legal malpractice action, factual issues exist as to whether "but for" the law firm's negligence, plaintiff would have prevailed in the underlying action (see, Pacesetter Communications Corp. v Solin & Breindel, 150 A.D.2d 232, 233, lv dismissed 74 N.Y.2d 892). Plaintiff's account of her accident and the surrounding circumstances raised factual issues as to the landowner's liability that were sufficient to preclude...

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