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GOLDEN v. McGARRY

11 A.D.3d 314 (2004)

782 N.Y.S.2d 729

STEVEN GOLDEN, Appellant, v. BARASCH & McGARRY, P.C., et al., Respondents, et al., Defendant.

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

October 19, 2004.

Plaintiff failed to establish that he would have prevailed on his underlying action but for respondents' alleged malpractice in failing to properly identify the vacant lot where he was injured during the course of his firefighting duties (Pellegrino v File, 291 A.D.2d 60 [2002], lv denied 98 N.Y.2d 606 [2002]). The underlying action was deficient because plaintiff could not demonstrate violations of statutes, ordinances or...

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