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FOREST CITY ENTERS. v. RUSSO

8 Misc.3d 151 (2005)

FOREST CITY ENTERPRISES, INC., Plaintiff, v. BARTHOLOMEW T. RUSSO et al., Defendants.

Supreme Court, New York County.

March 7, 2005.

Attorney(s) appearing for the Case

Daly, Bamundo, Zwal & Schermerhorn, LLP, New York City (Michael C. Zwal of counsel), for defendants.

Stuart J. Moskovitz, New York City, for plaintiff.

OPINION OF THE COURT

DIANE A. LEBEDEFF, J.

Defendant Daly, Bamundo, Dalton & Schermerhorn, LLP (the Daly firm), and three individual lawyers employed by the firm at the relevant time, move for summary judgment dismissing the legal malpractice claim brought by its former client, Forest City Enterprises, Inc., and request imposition of sanctions for bringing a frivolous action. Plaintiff seeks sanctions for the frivolous demand.

It is well established...

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