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ALEXIM HOLDINGS, LLC v. McAULIFFE

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221 A.D.3d 641 (2023)

199 N.Y.S.3d 645

2023 NY Slip Op 05581

Alexim Holdings, LLC, Appellant, v. Timothy McAuliffe et al., Respondents.

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

Decided November 8, 2023.

Attorney(s) appearing for the Case

Andrew Lavoott Bluestone , New York, NY, for appellant.

Catalano Gallardo & Petropoulos, LLP, Jericho, NY ( Matthew K. Flanagan and Jenna L. Fierstein of counsel), for respondents Timothy McAuliffe and Tarbet and Lester, PLLC.

E. Timothy McAuliffe, Jr. , East Hampton, NY, for respondent McAuliffe Law, PLLC.

Barros, J.P., Wooten, Ford and Warhit, JJ., concur.

In an action, inter alia, to recover damages for legal malpractice and breach of fiduciary duty, the plaintiff appeals from a clerk's judgment of the Supreme Court, Suffolk County, entered July 6, 2020. The judgment, insofar as appealed from, upon an order of the same court (Denise F. Molia, J.) dated May 13, 2020, inter alia, granting the motion of the defendants Timothy McAuliffe and Tarbet and Lester, PLLC, pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as...

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