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SECURITY PLANS, INC. v. HARTER SECREST & EMERY, LLP

898 CA 21-00085.

200 A.D.3d 1640 (2021)

155 N.Y.S.3d 910

2021 NY Slip Op 07382

Security Plans, Inc., Formerly Known as Creditor Services, Inc., Appellant-Respondent, v. Harter Secrest & Emery, LLP, et al., Respondents-Appellants.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( ANNE K. BOWLING OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

CONNORS, LLP, BUFFALO ( VINCENT E. DOYLE, III , OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this legal malpractice action alleging that defendants were negligent with respect to their representation of plaintiff in certain litigation in federal court. Contrary to plaintiff's contention on appeal, Supreme Court properly denied that part of its motion seeking summary judgment on liability. Plaintiff did not meet its initial burden of...

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