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COHEN v. GETZEL

Index No. 152750/20. Appeal No. 15980. Case No. 2021-02706.

205 A.D.3d 532 (2022)

166 N.Y.S.3d 527

2022 NY Slip Op 03314

Michael D. Cohen, Respondent-Appellant, v. Jeffrey Getzel et al., Appellants-Respondents.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellants-respondents.

Gilbert LLP, New York (Daniel I. Wolf of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.

As to the first cause of action, plaintiff never refuted defendants' contention that he sustained no damages as a result of any purported error on their part in preparing the 2016 tax returns causing him to incur liability to the Internal Revenue Service (see generally Herbert H. Post & Co. v Sidney Bitterman, Inc., 219 A.D.2d 214, 223 [1st Dept 1996]). The complaint alleges that, as a result of defendants' error in reporting...

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