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KANTROWITZ & GOLDHAMER, P. C. v. GELLER

265 A.D.2d 529 (1999)

697 N.Y.S.2d 137

KANTROWITZ & GOLDHAMER, P. C., Respondent, v. KRISTINE GELLER, Also Known as FRITZI GELLER, Appellant.

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

Decided October 25, 1999.

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

The Supreme Court properly granted that branch of the plaintiff's motion which was to dismiss the defendant's counterclaim alleging legal malpractice. Bare legal conclusions and factual claims which are flatly contradicted by the record are not presumed to be true on a motion to dismiss for failure to state a cause of action (see, Morone v Morone, 50 N.Y.2d 481

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