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CHAPMAN v. CAPOCCIA

283 A.D.2d 798 (2001)

725 N.Y.S.2d 430

THOMAS CHAPMAN, Appellant, v. ANDREW F. CAPOCCIA et al., Respondents.

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

Decided May 17, 2001.

Mugglin, J.

Defendants do not dispute that they were retained by plaintiff to institute an action for injuries that he sustained in an automobile accident which occurred March 26, 1987. Likewise, defendants do not dispute that they failed to institute that action before it was barred by the applicable Statute of Limitations. The sole defense pursued in this legal malpractice action for defendants' failure to commence a lawsuit with respect to said accident was that...

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