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DIPIETRO v. ROTTER, P.C.

5 A.D.3d 224 (2004)

773 N.Y.S.2d 397

JOSEPH DIPIETRO et al., Respondents, v. SETH ROTTER, P.C., et al., Appellants.

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

March 16, 2004.

An issue of fact exists as to whether plaintiff, a building handyman burned when the door to the building's incinerator flew open, would have obtained a favorable result in the action he brought against the incinerator maintenance company but for defendant attorneys' alleged malpractice in not responding to discovery requests (see Zarin v Reid & Priest, 184 A.D.2d 385, 386 [1992]). That issue is raised by the deposition testimony...

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