OFMAN v. KATZ

2009-09170.

89 A.D.3d 909 (2011)

933 N.Y.S.2d 101

2011 NY Slip Op 8335

MENDEL E. OFMAN, Appellant, v. STEPHEN A. KATZ, Respondent.

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

Decided November 15, 2011.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (1) and (7) to dismiss the cause of action sounding in legal malpractice and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

In a legal malpractice action, a plaintiff must show that the defendant attorney "failed...

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