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COMPREHENSIVE MENTAL ASSESSMENT & MED. CARE, P.C. v. GUSRAE KAPLAN NUSBAUM, PLLC

2019-10486. Index No. 17637/12.

213 A.D.3d 631 (2023)

183 N.Y.S.3d 509

2023 NY Slip Op 00408

Comprehensive Mental Assessment & Medical Care, P.C., et al., Appellants, v. Gusrae Kaplan Nusbaum, PLLC, Respondent.

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

Decided February 1, 2023.

Attorney(s) appearing for the Case

Caitlin Robin & Associates, PLLC, New York, NY ( Caitlin A. Robin and Arjeta Albani of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York, NY ( Mark K. Anesh , Cristina R. Yannucci , and Catherine Ryan of counsel), for respondent.

Iannacci, J.P., Chambers, Maltese and Taylor, JJ., concur.

In an action, inter alia, to recover damages for legal malpractice and unjust enrichment, the plaintiffs appeal from an order of the Supreme Court, Kings County (David B. Vaughan, J.), dated July 24, 2019. The order denied the plaintiffs' motion pursuant to CPLR 5015(a)(1) to vacate an order of the same court (Martin Schneier, J.H.O.) dated July 18, 2018, granting the defendant's unopposed motion pursuant to CPLR 3126 to strike the complaint and the plaintiffs' reply to the...

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