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ZEGELSTEIN v. THE ROTH LAW FIRM PLLC

Index No. 154224/18. Appeal No. 13944. Case No. 2020-03599.

194 A.D.3d 664 (2021)

144 N.Y.S.3d 565

2021 NY Slip Op 03396

Ricky Zegelstein, M.D., et al, Appellants, v. The Roth Law Firm PLLC et al., Respondents.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

The Law Offices of Tamara M. Harris, PLLC, New York ( Tamara M. Harris of counsel), for appellants.

The Roth Law Firm, New York ( Richard Roth of counsel), for respondents.

Concur—Gische, J.P., Kern, Oing, Shulman, JJ.

Supreme Court properly dismissed the legal malpractice claim for failure to state a claim. The ruling of the United States District Court for the Southern District of New York, which dismissed plaintiffs' complaint in the underlying fraud action for failure to state a claim (Zegelstein v Chaudhry, 2017 WL 4737263, 2017 US Dist LEXIS 173207 [SD NY, Oct. 18, 2017, 16-cv-3090 (KBF)]), collaterally estops plaintiffs from arguing that but for defendants' negligence in failing...

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