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MALPESO v. BURSTEIN & FASS

257 A.D.2d 476 (1999)

684 N.Y.S.2d 201

LOUIS J. MALPESO, Appellant, v. BURSTEIN & FASS et al., Respondents.

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

Decided January 19, 1999.

Plaintiff's claim of legal malpractice based on defendants' representation of him at a bail hearing is precluded as a matter of law by his guilty plea (Carmel v Lunney, 70 N.Y.2d 169). We reject plaintiff's argument that Carmel does not apply where, as here, no claim is made that the alleged malpractice induced, or otherwise had any causal effect on, plaintiff's ultimate conviction...

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