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MAGASSOUBA v. PURCIGLIOTTI

100452/18. 10556NA. 10556N.

178 A.D.3d 509 (2019)

2019 NY Slip Op 08938

Moustapha Magassouba, Appellant, v. Cascione, Purcigliotti, et al., Respondents.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Moustapha Magassouba, appellant pro se.

Cascione, Purcigliotti & Galluzzi, P.C., New York (Kelly L. Murtha of counsel), for respondents.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

This action alleging legal malpractice was correctly dismissed because plaintiff could not show that, but for defendants' negligence, he would have prevailed in the underlying action alleging false arrest, wrongful imprisonment, and the deprivation of rights under 42 USC § 1983 (see Brooks v Lewin, 21 A.D.3d 731, 734 [1st Dept 2005], lv denied 6 N.Y.3d 713 [2006]). Plaintiff could not...

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