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STEVENS v. WHEELER

Index No. 151129/21. Appeal No. 280. Case No. 2022-03452.

216 A.D.3d 537 (2023)

189 N.Y.S.3d 191

2023 NY Slip Op 02747

Hardie M. Stevens, Co-Executor of the Estate of James W. Stevens, Deceased, et al., Appellants, v. Alfred Wheeler et al., Respondents.

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

Decided May 18, 2023.

Attorney(s) appearing for the Case

Jeffrey M. Rosenblum, PC, Great Neck ( Jeffrey M. Rosenblum of counsel), for appellants.

Furman Kornfeld & Brennan LLP, New York ( Christopher D. Skoczen of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about June 7, 2022, which granted defendants' motion to dismiss the complaint under CPLR 3211(a)(1) and (7) and denied plaintiffs' cross-motion to sanction defendants under 22 NYCRR 130-1.1, unanimously modified, on the law, to deny the motion to dismiss the second cause of action for legal malpractice, and to reinstate that cause of action, and otherwise affirmed, without costs.

Plaintiffs...

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