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ELLSWORTH v. FOLEY

24 A.D.3d 1239 (2005)

805 N.Y.S.2d 899

MICHELLE ELLSWORTH et al., Appellants, v. JAMES F. FOLEY et al., as Copartners and Individually, Doing Business as FOLEY AND FOLEY, Respondents.

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

December 22, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this legal malpractice action alleging that defendants failed to preserve for appellate review the contention of plaintiffs that an "error in judgment" charge was erroneously given at the trial in their underlying medical malpractice action. This Court determined in the prior appeal from the judgment in the medical...

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