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INKINE PHARMACEUTICAL COMPANY, INC. v. COLEMAN

305 A.D.2d 151 (2003)

759 N.Y.S.2d 62

INKINE PHARMACEUTICAL COMPANY, INC., Appellant, v. HENRY COLEMAN, Respondent, et al., Defendant.

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

Decided May 6, 2003.

Plaintiff's pleading of its legal malpractice cause of action was sufficient to survive the CPLR 3211 (a) (7) motion. The alleged facts, if accepted as true, accorded the benefit of every possible favorable inference, and evaluated only as to whether they fit within any cognizable legal theory, sufficiently state plaintiff's claim that defendants' negligence in failing to timely file the Asian patent on the pharmaceutical product at issue caused the substantial diminution...

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