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GULIYEV v. BANILOV & ASSOC., P.C.

2021-04112. Index No. 516045/20.

221 A.D.3d 589 (2023)

198 N.Y.S.3d 400

2023 NY Slip Op 05493

Shahin Guliyev, Appellant, v. Banilov & Associates, P.C., et al., Respondents.

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

Decided November 1, 2023.

Attorney(s) appearing for the Case

William Pager , Brooklyn, NY, for appellant.

Catalano Gallardo & Petropoulos, LLP, Jericho, NY ( Matthew K. Flanagan and Alexandra N. Nieto of counsel), for respondents Banilov & Associates, P.C., and Nick Banilov.

Gordon Rees Scully Mansukhani, LLP, New York, NY ( Brian E. Middlebrook and Christopher C. Song of counsel), for respondent Harlan Wittenstein.

LaSalle, P.J., Connolly, Chambers and Taylor, JJ., concur.

In an action to recover damages for legal malpractice, breach of fiduciary duty, and violation of Judiciary Law § 487, the plaintiff appeals from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated May 17, 2021. The order granted the separate motions of the defendant Harlan Wittenstein and the defendants Banilov & Associates, P.C., and Nick Banilov pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against each of them.

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