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SONNENSCHINE v. GIACOMO

295 A.D.2d 287 (2002)

744 N.Y.S.2d 396

SAMUEL SONNENSCHINE et al., Appellants, v. PAUL GIACOMO, Respondent, et al., Defendant.

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

Decided June 27, 2002.

Plaintiffs allege that they would have succeeded in their defense of the underlying action but for defendants' malpractice that caused their answer to be stricken in 1997, some 5½ years after the underlying action was commenced (see, Sandcham Realty Corp. v Sonnenschine, 246 A.D.2d 477). While the complaint is replete with allegations describing defendants' negligence in the underlying action, it says nothing concerning the...

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