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LIPORACE v. NEIMARK & NEIMARK, LLP

153323/15, 5409, 5408.

162 A.D.3d 570 (2018)

79 N.Y.S.3d 155

2018 NY Slip Op 04668

Joseph Liporace, Jr., et al., Respondents, v. Neimark & Neimark, LLP, et al., Appellants.

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

Decided June 26, 2018.

The complaint sufficiently alleges a claim for legal malpractice against both the Budin defendants and the Neimark defendants as plaintiff has sufficiently met the minimum pleading requirements (see Schwartz v Olshan Grundman Frome & Rosenzweig, 302 A.D.2d 193, 198 [1st Dept 2003]).

The Budin defendants, as successor counsel, had an opportunity to protect plaintiff's rights by seeking discretionary leave, pursuant to...

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