GARTEN v. SHEARMAN & STERLING LLP

8669, 112114/07.

2013 NY Slip Op 00035

JAMES GARTEN, Plaintiff-Appellant, v. SHEARMAN & STERLING LLP, Defendant-Respondent.

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

Decided January 8, 2013.


Attorney(s) appearing for the Case

Donald Pearce , New York, for appellant.

Shearman & Sterling LLP, New York ( Kirsten Cunha of counsel), for respondent.

Before: Andrias, J.P., Friedman, DeGrasse, Román, Gische, JJ.


On an appeal from a denial of a dismissal motion, this Court found that plaintiff "has stated a cause of action for malpractice by alleging that but for' defendant's failure to prepare and procure documents necessary to provide him with a first-priority security interest, he would have been able to recover the amounts owed to him by the defaulting borrower" (52 A.D.3d 207 [1st Dept 2008]).

Now, after discovery, it is clear that...

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