WARSHAW BURSTEIN COHEN SCHLESINGER & KUH, LLP v. LONGMIRE

10091, 116683/09.

106 A.D.3d 536 (2013)

965 N.Y.S.2d 458

2013 NY Slip Op 3566

WARSHAW BURSTEIN COHEN SCHLESINGER & KUH, LLP, Respondent, v. ERIC A. LONGMIRE, Appellant.

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

Decided May 16, 2013.


In this action seeking attorney's fees, defendant Eric A. Longmire filed a counterclaim for legal malpractice, alleging that plaintiff negligently failed to pursue a claim of race-based termination, in opposition to a summary judgment motion seeking dismissal of Longmire's federal employment discrimination lawsuit against his former employer.

The motion court properly dismissed the legal malpractice claim, as defendant failed to "meet the `case within a case' requirement...

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