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LADERA PARTNERS, LLC v. GOLDBERG, SCUDIERI & LINDENBERG, P.C.

5398, 150703/15.

157 A.D.3d 467 (2018)

68 N.Y.S.3d 452

2018 NY Slip Op 00104

LADERA PARTNERS, LLC, Appellant, v. GOLDBERG, SCUDIERI & LINDENBERG, P.C., Formerly Known as GOLDBERG, et al., Respondents.

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

Decided January 9, 2018.

On this motion to dismiss pursuant to CPLR 3211, the court correctly considered defendants' evidentiary material to determine whether plaintiff had a cause of action for legal malpractice, not whether the complaint stated one (see Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275 [1977]; Biondi v Beekman Hill House Apt. Corp., 257 A.D.2d 76, 81 [1st Dept 1999], affd 94...

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