MELNITZKY v. NATHANSON


13 A.D.3d 131 (2004)

785 N.Y.S.2d 688

MICHAEL MELNITZKY, Appellant, v. EUGENE NATHANSON, Respondent.

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

December 9, 2004.


The malpractice claim that defendant attorney's conduct was the "but for" cause of plaintiff's losses was speculative (see Alter & Alter v Cannella, 284 A.D.2d 138, 139 [2001]), it reflected nonactionable strategic choices (see Iocovello v Weingrad & Weingrad, 4 A.D.3d 208 [2004]), and, as to the claimed failure to plead defamation, was entirely conclusory (see Gonzalez v Lombardino...

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