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McNAMARA v. TENDY

267 A.D.2d 362 (1999)

699 N.Y.S.2d 923

ROSEMARY McNAMARA, Respondent, v. TENDY & CANTOR, P. C., et al., Appellants.

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

Decided December 20, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff brought this action to recover damages for legal malpractice, alleging that the defendant attorneys failed to file a timely notice of claim against a municipal tortfeasor allegedly responsible for the injuries she suffered in a "slip and fall" accident. In order to prevail in a legal malpractice action, the plaintiff must prove that the defendants failed to exercise that degree...

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