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FTF LENDING, LLC v. MAVRIDES, MOYAL, PACKMAN & SADKIN, LLP

Index No. 153620/20. Appeal No. 15847. Case No. 2021-04304.

205 A.D.3d 414 (2022)

165 N.Y.S.3d 692

2022 NY Slip Op 02946

FTF Lending, LLC, Respondent, v. Mavrides, Moyal, Packman & Sadkin, LLP, et al., Appellants. (And a Third-Party Action.)

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Fleischner Potash LLP, New York (Gil M. Coogler of counsel), for appellants.

Lippes Mathias LLP, Buffalo (Tessa R. Scott of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.

Defendants do not dispute that the complaint, which asserts a cause of action for legal malpractice, sufficiently alleges that Weinberger, an associate attorney, acted negligently while performing legal services on behalf of defendant law firm. Thus, dismissal of the complaint as against Weinberger is not warranted under the Partnership Law (Partnership Law § 26[c][i]; see e.g. Scarborough v Napoli, Kaiser & Bern, LLP, 63 A.D.3d 1531

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