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KATZ v. SIANO

152809/19. Appeal No. 12215. Case No. 2020-2751.

187 A.D.3d 639 (2020)

131 N.Y.S.3d 162

2020 NY Slip Op 06056

Jay Katz, Respondent, v. Anthony J. Siano, Appellant.

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

Decided October 27, 2020.

The court properly denied the motion to dismiss the first cause of action for legal malpractice. Plaintiff adequately plead that defendant, who was retained to represent him in a criminal matter, owed him a duty of care with respect to legal advice he allegedly offered in connection with a pending civil action (see Jane St. Co. v Rosenberg & Estis, 192 A.D.2d 451 [1st Dept 1993], lv denied 82 N.Y.2d 654 [1993]). While...

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