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DELOS INSURANCE COMPANY v. SMITH & LAQUERCIA, LLP

5179, 111435/09, 5180.

84 A.D.3d 668 (2011)

923 N.Y.S.2d 522

DELOS INSURANCE COMPANY, Formerly Known as SIRIUS AMERICA INSURANCE COMPANY, et al., Appellants, v. SMITH & LAQUERCIA, LLP, Respondent.

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

Decided May 26, 2011.

The complaint should be reinstated as to plaintiff Delos/Sirius because, accepting the facts as alleged in the complaint as true and affording plaintiff the benefit of every reasonable inference, it sufficiently asserts viable causes of action for malpractice (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). Delos/Sirius has standing to pursue its claims against defendant since it is undisputed that defendant represented Delos/Sirius...

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