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SMITH v. COHEN

24 A.D.3d 183 (2005)

806 N.Y.S.2d 29

JAMES GEORGE SMITH, Respondent, v. MARTIN COHEN, ESQ., Appellant, et al., Defendants.

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

December 8, 2005.

This legal malpractice action is the result of the two defendants attorneys' alleged failure to prosecute plaintiff's personal injury claim, which arose from his alleged trip and fall accident on a Manhattan sidewalk. Defendant-appellant (Cohen) allegedly referred plaintiff to the codefendants' law firm, with which Cohen was unaffiliated.

The motion court erred in denying Cohen's motion for summary judgment. In response...

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