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BALKHEIMER v. SPANTON

2012-01335.

103 A.D.3d 603 (2013)

959 N.Y.S.2d 697

2013 NY Slip Op 715

PETER BALKHEIMER et al., Plaintiffs, v. DONALD SPANTON et al., Defendants/Third-Party Plaintiffs-Respondents. FORCHELLI, CURTO, SCHWARTZ, MINEO, CARLINO & COHN LLP, et al., Third-Party Defendants-Appellants.

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

February 6, 2013.

In an action to recover damages for legal malpractice, the third-party defendants appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 9, 2011, which denied their motion pursuant to CPLR 3211 (a) (5) and (7) to dismiss the third-party complaint.

Ordered that the order is reversed, on the law, with costs, and the motion of the third-party defendants pursuant to CPLR 3211 (a) (5) and (7) to dismiss the third-party complaint is granted...

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