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BENDER BURROWS & ROSENTHAL, LLP v. SIMON

65 A.D.3d 499 (2009)

884 N.Y.S.2d 59

BENDER BURROWS & ROSENTHAL, LLP, Appellant-Respondent, v. AMY E. SIMON, Respondent-Appellant.

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

Decided August 25, 2009.

Defendant's first counterclaim for malpractice should have been dismissed since she failed to demonstrate that she would have succeeded on the merits of the underlying action for divorce but for plaintiff's negligence (Maillet v Campbell, 280 A.D.2d 526, 527 [2001]). Defendant was not prejudiced by plaintiff's midtrial motion to withdraw. On defendant's earlier appeal from the judgment of divorce (55 A.D.3d 477<...

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