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NIMKOFF ROSENFELD & SCHECHTER, LLP v. O'FLAHERTY

2392, 601556/08

71 A.D.3d 533 (2010)

895 N.Y.S.2d 824

NIMKOFF ROSENFELD & SCHECHTER, LLP, Formerly Known as SCHECHTER & NIMKOFF, LLP, Respondent, v. KEVIN P. O'FLAHERTY et al., Appellants.

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

Decided March 18, 2010.

Plaintiff's failure to plead at the outset that the dispute over counsel fees and disbursements was not covered by the Fee Dispute Resolution Program (see 22 NYCRR 137.6 [b] [2]) is not a jurisdictional defect precluding it from serving an amended complaint (see Kerner & Kerner v Dunham, 46 A.D.3d 372 [2007]). Therefore, plaintiff had the right to amend its complaint during the pendency of defendants' motion to dismiss...

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