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D'ALESSANDRO v. CARRO

100135/11, 12412

123 A.D.3d 1 (2014)

992 N.Y.S.2d 520

2014 NY Slip Op 06246

GUISEPPE D'ALESSANDRO, Respondent, v. JOHN CARRO et al., Appellants.

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

September 18, 2014.

Attorney(s) appearing for the Case

Furman Kornfeld & Brennan LLP, New York City ( A. Michael Furman and Younie J. Choi of counsel), for appellants.

Sullivan Gardner PC, New York City ( Brian Gardner of counsel), for respondent.

TOM, J.P., ANDRIAS, DeGRASSE and RICHTER, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

Defendants again ask this Court to overturn an order denying their motion to dismiss so much of the complaint, sounding in legal malpractice, as seeks nonpecuniary damages. Review of the initial Supreme Court order entered March 6, 2012 was precluded upon our grant of plaintiff's motion to dismiss defendants' appeal for failure to prosecute. Defendants then sought to be relieved from their default in perfecting the appeal ...

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