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ROGERS v. CIPRIAN

26 A.D.3d 1 (2005)

805 N.Y.S.2d 36

JIM ROGERS, Appellant, v. MURIEL CIPRIAN, Defendant, and NORA LEE, Doing Business as ALIEN'S EVALUATION SERVICES, Respondent.

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

November 15, 2005.

Attorney(s) appearing for the Case

Siller Wilk LLP, New York City (Matthew F. Schwartz of counsel), for appellant.

Harry Raptakis, Mineola, for respondent.

WILLIAMS, GONZALEZ and CATTERSON, JJ., concur with TOM, J.P.; ANDRIAS, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

At issue in this cause of action for breach of contract is whether defendant Nora Lee, an immigration consultant, can be held liable for damages attributed to the initial rejection of an application filed with the Immigration and Naturalization Service (INS) by an attorney Lee referred to plaintiff's corporation, the applicant on the immigration petition. Absent any authority...

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