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KATEBI v. FINK

51 A.D.3d 424 (2008)

857 N.Y.S.2d 109

SURI KATEBI, Appellant, v. PAUL FINK et al., Respondents.

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

Decided May 1, 2008.

While "[a] claim for legal malpractice is viable, despite settlement of the underlying action, if it is alleged that settlement of the action was effectively compelled by the mistakes of counsel" (Bernstein v Oppenheim & Co., 160 A.D.2d 428, 430 [1990]), here, the complaint is contradicted by the evidentiary material submitted on the motion to dismiss (see Guggenheimer v Ginzburg...

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