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KINBERG v. GARR

28 A.D.3d 245 (2006)

811 N.Y.S.2d 568

SARA KINBERG, Appellant, v. IRA E. GARR et al., Respondents.

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

April 6, 2006.

Plaintiff's adverse determination in defendants' prior action to recover fees for the rendering of professional services precludes a finding of malpractice with regard to the same services (see Ahearn v. Arvan, 2 A.D.3d 469 [2003]; Chisholm-Ryder Co. v. Sommer & Sommer, 78 A.D.2d 143 [1980]), as such determination "implicitly finds that there was no malpractice" (Koppelman v. Liddle...

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