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AMBASE CORP. v. DAVIS POLK

8 N.Y.3d 428 (2007)

866 N.E.2d 1033

834 N.Y.S.2d 705

AMBASE CORPORATION, Appellant, v. DAVIS POLK & WARDWELL et al., Respondents.

Court of Appeals of the State of New York.

Decided April 26, 2007.

Attorney(s) appearing for the Case

Greenberg & Massarelli, LLP, Purchase (William Greenberg and Crystal M. Massarelli of counsel), for appellant.

Simpson Thacher & Bartlett LLP, New York City (Roy L. Reardon of counsel), and Davis Polk & Wardwell (Guy Miller Struve, Mario J. Verdolini, Nancy B. Ludmerer, David B. Toscano and Elliot Moskowitz of counsel pro se) for Davis Polk & Wardwell and others, respondents.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

In this appeal we are asked to determine whether a law firm that successfully litigated an Internal Revenue Service (IRS) tax dispute nonetheless committed legal malpractice when it failed to question whether an agreement entered into between the client and a related company may have relieved it of the tax liability in dispute. We...

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