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ESTATE OF FEDER v. WINNE, BANTA, HETHERINGTON, BASRALIAN & KAHN, P.C.

12496, 152726/12.

117 A.D.3d 541 (2014)

985 N.Y.S.2d 558

2014 NY Slip Op 3593

ESTATE OF BENJAMIN FEDER, Deceased, by PHYLLIS RICH FEDER, as Executor of BENJAMIN FEDER, Appellant, v. WINNE, BANTA, HETHERINGTON, BASRALIAN & KAHN, P.C., Respondent.

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

Decided May 15, 2014.

Order, Supreme Court, New York County (Donna M. Mills, J.), entered March 13, 2013, which granted defendant's motion to dismiss the complaint alleging legal malpractice and breach of fiduciary duty, unanimously affirmed, without costs.

The motion court properly considered the email and correspondence from defendant to plaintiff, as executor of the estate, in dismissing the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7) (David v Hack...

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