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KLEINSER v. ASTARITA

6807, 6807A, 116844/06, 6807B.

92 A.D.3d 518 (2012)

938 N.Y.S.2d 310

2012 NY Slip Op 1130

DALE KLEINSER, Appellant, v. MARK ASTARITA et al., Respondents.

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

Decided February 14, 2012.

We need not decide the statute of limitations issue, because even if timely commenced, plaintiff failed to raise an issue of fact as to his claims of legal malpractice and breach of contract. Plaintiff's contention that defendants did not place before the trial court in the underlying action the evidence of his ownership interest in the "47BH Account" is unsupported in the record. The trial court in the underlying action expressly...

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