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DELGADO v. BRETZ & COVEN, LLP

116181/10, 9301.

109 A.D.3d 38 (2013)

967 N.Y.S.2d 371

2013 NY Slip Op 4720

MONICA PATRICIA TENESACA DELGADO et al., Appellants, v. BRETZ & COVEN, LLP, et al., Respondents.

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

Decided June 20, 2013.

Attorney(s) appearing for the Case

Jarret A. Kahn , Elmsford, for appellants.

Abrams, Gorelick, Friedman & Jacobson, LLP, New York City ( Barry Jacobs and Shari Sckolnick of counsel), for respondents.

TOM, J.P. MOSKOWITZ, RICHTER and CLARK, JJ., concur.

OPINION OF THE COURT

MANZANET-DANIELS, J.

In this case we determine whether plaintiff has sufficiently alleged that defendants' legal advice concerning the consequences of applying for an adjustment of immigration status constitutes malpractice, and whether she has sufficiently alleged that such misguided advice was the but-for cause of her ultimately being taken into custody and deported.

Plaintiff is a native of Ecuador. On May 5, 1999, she first...

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