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TRAN HAN HO v. BRACKLEY

2059, 102956/03

69 A.D.3d 533 (2010)

894 N.Y.S.2d 391

2010 NY Slip Op 575

TRAN HAN HO et al., Appellants, v. PATRICK J. BRACKLEY, Respondent.

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

Decided January 28, 2010.

The motion court properly refused to consider the surreply affirmation of plaintiffs' legal expert presented to the court after the motion had been fully submitted (see Foitl v G.A.F. Corp., 64 N.Y.2d 911 [1985]). Absent an expert's affidavit, and given claims that, as pleaded, raise issues of professional standards and causation beyond the ordinary experience of persons who are not lawyers...

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