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RIVAS v. RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC

52 A.D.3d 401 (2008)

861 N.Y.S.2d 313

FREDDY RIVAS, Respondent, v. RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC, Defendant and Third-Party Plaintiff-Appellant. DESENA & KAFER, P.C., et al., Third-Party Defendants-Respondents.

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

Decided June 24, 2008.

Plaintiff in this legal malpractice action sufficiently alleged the loss of his personal injury claim based on the expiration of the limitations period as a result of defendant's having commenced the action against the wrong entity, even though there has not been an adverse disposition of the action (see Tenzer, Greenblatt, Fallon & Kaplan v Ellenberg, 199 A.D.2d 45 [1993]). However, plaintiff's breach of contract claim, arising...

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