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PROTOSTORM, INC. v. FOLEY & LARDNER LLP

Index No. 158501/19. Appeal No. 15333. Case No. 2021-03750.

202 A.D.3d 578 (2022)

159 N.Y.S.3d 680

2022 NY Slip Op 01107

Protostorm, Inc., Respondent, v. Foley & Lardner LLP et al., Appellants.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman LLP, New York (Philippe Adler of counsel), for appellants.

Schwartz, Ponterio & Levenson, PLLC, New York (John Ponterio of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Mazzarelli, Friedman, Mendez, JJ.

In this legal malpractice action, Supreme Court correctly denied defendants' motion to dismiss the complaint. Plaintiff sufficiently alleges that, but for defendants-attorneys' negligence in waiving joint and several liability against certain individual defendants in a federal action, plaintiff was unable to collect on the judgment in that action (see generally Hadden v Consolidated Edison Co. of N.Y., 45 N.Y.2d 466, 470 [1978])...

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