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MORGAN & MENDEL GENOMICS, INC. v. AMSTER ROTHSTEIN & EBENSTEIN, LLP

Index No. 161405/19. Appeal No. 14969. Case No. 2021-00704.

201 A.D.3d 438 (2022)

156 N.Y.S.3d 743

2022 NY Slip Op 00048

Morgan and Mendel Genomics, Inc., Appellant, v. Amster Rothstein & Ebenstein, LLP, Respondent.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Andrew Lavoott Bluestone , New York, for appellant.

Zukerman Gore Brandeis & Crossman, LLP, New York ( Ted Poretz of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.

Plaintiff has failed to allege a cognizable cause of action for legal malpractice (Franklin v Winard, 199 A.D.2d 220, 221 [1st Dept 1993]). The amended complaint does not sufficiently allege that defendant acted negligently with respect to the patent application. The gravamen of plaintiff's claim is that defendant had the obligation to independently investigate whether any prior publications had triggered a deadline for the patent...

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