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MARS v. DOBRISH

1084, 116675/03.

66 A.D.3d 403 (2009)

885 N.Y.S.2d 593

2009 NY Slip Op 6768

ARNOLD JOSEPH MARS, Appellant, v. ROBERT Z. DOBRISH et al., Respondents, et al., Defendant.

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

Decided October 1, 2009.

Plaintiff's cross motions were properly denied, inasmuch as the proffered expert witness statement, even without opposition, did not establish a prima facie case of legal malpractice (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). The court also properly determined that defendants were entitled to summary judgment, where plaintiff was unable to establish that the actions complained of were negligent, rather than strategic...

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