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MARCUM LLP v. L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P.

Index No. 151586/21 Appeal No. 1213 Case No. 2023-00395.

222 A.D.3d 486 (2023)

202 N.Y.S.3d 73

2023 NY Slip Op 06443

Marcum LLP, Appellant-Respondent, v. L'Abbate, Balkan, Colavita & Contini, L.L.P., Respondent-Appellant, and Marianne S. Conklin, Respondent.

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

Decided December 14, 2023.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, Chicago, IL ( Matthew J. O'Hara of the bar of the State of Illinois, admitted pro hac vice, of counsel), for appellant-respondent.

Furman Kornfeld & Brennan LLP, New York ( A. Michael Furman and Benjamin M. Oxenburg of counsel), for respondent-appellant/respondent.

Concur—Kapnick, J.P., Friedman, González, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered on or about December 8, 2022, which, to the extent appealed from, granted in part and denied in part defendants' motion to dismiss the complaint, unanimously modified, on the law, to grant the motion in its entirety, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint.

Supreme Court correctly concluded that defendants,

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