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BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWORTH, LLC v. COMPREHENSIVE MENTAL ASSESSMENT & MEDICAL CARE, P.C.

2011-05991, Index No. 16008/07.

110 A.D.3d 1022 (2013)

974 N.Y.S.2d 93

2013 NY Slip Op 7004

BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWORTH, LLC, Plaintiff/Counterclaim Defendant-Respondent, v. COMPREHENSIVE MENTAL ASSESSMENT & MEDICAL CARE, P.C., et al., Defendants/Counterclaim Plaintiffs-Appellants-Respondents, et al., Defendant. DAVID BARSHAY, Additional Counterclaim Defendant-Respondent-Appellant, et al., Additional Counterclaim Defendants. (And Third-Party Actions.)

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

Decided October 30, 2013.

In a consolidated action, inter alia, to recover legal fees, the defendants/counterclaim plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), entered May 16, 2011, as denied their motion pursuant to CPLR 3211 (a) (3) and 1025 to dismiss the second amended verified complaint on the ground that the plaintiff/counterclaim defendant had no legal capacity to sue and granted those branches of the cross motion...

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