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MENICUCCI VILLA & ASSOCIATES, PLLC v. PICKETT

24 A.D.3d 734 (2005)

805 N.Y.S.2d 853

MENICUCCI VILLA & ASSOCIATES, PLLC, Respondent, v. NORMAN PICKETT et al., Appellants, and HELEN PICKETT, Defendant and Third-Party Plaintiff-Appellant. RICHARD A. ROSENZWEIG, Third-Party Defendant-Respondent.

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

December 27, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted those branches of the motion of the plaintiff and the third-party defendant which were to dismiss the defendants' counterclaims and the third-party complaint insofar as they assert claims to recover damages for legal malpractice for failure to state a cause of action. We construe as true the allegations in the third-party complaint and in the defendants' counterclaims...

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