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ZBRYSKI v. KAHN

276 A.D.2d 255 (2000)

713 N.Y.S.2d 730

WALTER ZBRYSKI, Appellant, v. IRWIN KAHN et al., Respondents.

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

Decided October 3, 2000.

The complaint for legal malpractice was properly dismissed in light of the absence of any factual issue as to whether, but for the alleged malpractice, plaintiff would have prevailed in the underlying proceeding brought pursuant to CPLR article 78 (see, Kerson Co. v Shayne, Dachs, Weiss, Kolbrenner, Levy & Levine, 45 N.Y.2d 730). The outcome of plaintiff's CPLR article 78 proceeding would have been the same even if defendants...

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