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I.M.P. PLUMBING & HEATING CORP. v. MUNZER & SAUNDERS, LLP

158417/17. Appeal No. 14688. Case No. 2020-03449.

199 A.D.3d 569 (2021)

159 N.Y.S.3d 9

2021 NY Slip Op 06544

I.M.P. Plumbing & Heating Corp. et al., Appellants, v. Munzer & Saunders, LLP, et al., Respondents, et al., Defendant.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Port & Sava, Lynbrook ( George S. Sava of counsel), for appellants.

Munzer & Saunders, LLP, New York ( Craig Saunders of counsel), for respondents.

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

Defendants' failure to interpose answers on behalf of plaintiffs in the A.M. Concrete Action and the A.M. Concrete Proceeding or to seek an extension of time to answer constitutes a breach of the standard of professional care (Shapiro v Butler, 273 A.D.2d 657, 658 [3d Dept 2000]). Plaintiffs may seek to recover from defendants any legal fees they paid to oppose the resulting contempt motion and to seek vacatur of the default judgment...

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