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SCOPIA WINDMILL LP v. OLSHAN FROME WOLOSKY LLP

Index No. 650616/16, Appeal No. 16162, Case No. 2022-00876.

206 A.D.3d 520 (2022)

168 N.Y.S.3d 683

2022 NY Slip Op 03996

Scopia Windmill LP et al., Respondents, v. Olshan Frome Wolosky LLP, Appellant.

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

Decided June 21, 2022.

Attorney(s) appearing for the Case

Olshan Frome Wolosky LLP, New York ( Peter M. Sartorius of counsel), for appellant.

The Law Offices of Thomas C. Moore, Bronxville ( Thomas C. Moore of counsel), for respondents.

Concur—Gische, J.P., Friedman, González, Rodriguez, Pitt, JJ.

Plaintiffs assert a legal malpractice claim alleging that defendant law firm was negligent in failing to perfect a security interest by timely filing a UCC-1 financing statement in connection with a loan they made. Contrary to defendant's contention, the allegations underlying the claim are not "couched in terms of gross speculations on future events" (see Phillips-Smith Specialty Retail Group II v Parker Chapin Flattau & Klimpl, 265 A.D.2d 208...

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