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FEINBERG v. BOROS

6405A.

99 A.D.3d 219 (2012)

951 N.Y.S.2d 110

2012 NY Slip Op 6114

HERBERT FEINBERG, Individually and as Assignee of I.A. Alliance Corp., Respondent, v. JEROME S. BOROS, ESQ., et al., Appellants.

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

September 11, 2012.

Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman LLP, New York City ( Edward A. Friedman , Robert D. Kaplan and Steven E. Frankel of counsel,) for appellants.

Storch Amini & Munves PC, New York City ( Steven Storch , Lita Beth Wright and Thomas M. Monahan of counsel,) and Richard L. Derzaw , New York City, for respondent.

OPINION OF THE COURT

CATTERSON, J.

At issue on this appeal is whether the defendant members of a law firm committed legal malpractice by not advising the plaintiff, Herbert Feinberg, that an agreement with his former business partner to limit the collateral estoppel effect of an arbitration award would have been enforceable in Feinberg's lawsuit against a third party. As set forth in greater detail below, precedent, sparse as it is on this issue, nevertheless...

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