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FRYDCO CAPITAL GROUP, LLC v. CARLTON FIELDS, P.A.

Index No. 157933/20. Appeal No. 15777. Case No. 2021-03017.

204 A.D.3d 532 (2022)

165 N.Y.S.3d 285

2022 NY Slip Op 02619

Frydco Capital Group, LLC, et al., Respondents, v. Carlton Fields, P.A., et al., Appellants.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Akerman LLP, New York (Kristen G. Niven, of counsel) for appellants.

The Law Offices of Neal Brickman, PC, New York (Neal Brickman, of counsel) for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

The legal malpractice claims should have been dismissed pursuant to CPLR 3211(a)(7) on the ground that plaintiffs failed to plead how defendants' alleged acts or omissions proximately caused plaintiffs to sustain any loss in connection with a Florida real estate transaction (see Pellegrino v File, 291 A.D.2d 60, 63-64 [1st Dept 2002]).

In addition, the legal malpractice claims should have been dismissed pursuant to CPLR 3211...

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