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JARMUTH v. WAGNER

155922/18. Appeal No. 12877. Case No. 2019-5347.

190 A.D.3d 527 (2021)

135 N.Y.S.3d 844

2021 NY Slip Op 00236

Sandra Jarmuth, Appellant, v. Steven Wagner et al., Respondents.

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

Decided January 14, 2021.

Attorney(s) appearing for the Case

Law Office of Errol Brett, Floral Park ( Errol A. Brett of counsel), for appellant.

Furman Kornfeld & Brennan LLP, New York ( Spencer A. Richards of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.

We take judicial notice of the fact that on December 6, 2019, plaintiff initiated a new action in the same court by filing a second complaint setting forth a derivative claim for legal malpractice (Jarmuth v Wagner, Sup Ct, NY County, index No. 161816/2019), which reasserts the allegations of the complaint here, and further asserts the allegation the motion court found was necessary to satisfy the Business Corporation Law § 626 demand requirement. By instituting...

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