DARBY & DARBY, P. C. v. VSI INTERNATIONAL, INC.


268 A.D.2d 270 (2000)

701 N.Y.S.2d 50

DARBY & DARBY, P. C., Appellant-Respondent, v. VSI INTERNATIONAL, INC., et al., Respondents-Appellants.

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

Decided January 13, 2000.


The branch of plaintiff's motion challenging defendants' counterclaims alleging attorney malpractice and breach of fiduciary duty was brought pursuant to CPLR 3211. Accordingly, in addressing that application, the court will accept as true the allegations of the counterclaim, and consider whether they state a cause of action upon which relief may be granted.

These counterclaims allege that defendants retained plaintiff law firm to provide legal services in connection...

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