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GABRIELLI v. DOBSON & PINCI

51 A.D.3d 571 (2008)

859 N.Y.S.2d 59

FRANK GABRIELLI et al., Appellants, v. DOBSON & PINCI et al., Defendants, and FRANK FERRANTE et al., Respondents.

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

Decided May 27, 2008.

In this legal malpractice action, plaintiffs cannot show that defendant Ferrante's failure to comply with a condition precedent under plaintiffs' contract was the cause of any loss (see AmBase Corp. v Davis Polk & Wardwell, 8 N.Y.3d 428, 434 [2007]), since Ferrante did not prevent them from obtaining the same recovery at a later juncture. Nor can plaintiffs show that Ferrante failed to submit timely a notice of claim to the architect...

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