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WEIS v. RHEEM, BELL & FREEMAN, LLP

160796/20. Appeal No. 483. Case No. 2022-01880.

217 A.D.3d 538 (2023)

191 N.Y.S.3d 47

2023 NY Slip Op 03297

Adam Weis et al., Appellants, v. Rheem, Bell & Freeman, LLP, et al., Respondents.

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

Decided June 15, 2023.

Attorney(s) appearing for the Case

Ressler & Ressler, New York ( Ellen R. Werther of counsel), for appellants.

Furman Kornfeld & Brennan LLP, New York ( Benjamin M. Oxenburg of counsel), for respondents.

Concur—Renwick, A.P.J., Kennedy, Mendez, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered April 12, 2022, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the complaint pursuant to pursuant to CPLR 3211(a)(1) and 3211(a)(7), unanimously affirmed, without costs.

Defendants were entitled to dismissal of the complaint given that plaintiffs failed to allege actual and ascertainable damages that were...

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