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CRUZ v. LAW FIRM

273 A.D.2d 120 (2000)

710 N.Y.S.2d 888

MARIE L. CRUZ et al., Respondents, v. DURST LAW FIRM et al., Appellants.

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

Decided June 20, 2000.

In an action for legal malpractice, defendant attorneys failed to meet their burden as summary judgment movants to demonstrate the absence of a triable issue as to whether plaintiffs would have prevailed to some extent in the underlying action but for their malpractice (see, Shopsin v Siben & Siben, 268 A.D.2d 578), i.e., failing in the underlying action to name and serve the record owner of the premises where plaintiff's personal...

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