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SHARP v. FERRANTE LAW FIRM

Index No. 155297/22. Appeal No. 887. Case No. 2023-01745.

220 A.D.3d 587 (2023)

199 N.Y.S.3d 31

2023 NY Slip Op 05383

Rhiyen Sharp, Appellant, v. Ferrante Law Firm et al., Respondents.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

McCallion & Associates LLP, New York (Kenneth F. McCallion of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York (Peter T. Shapiro of counsel), for respondents.

Concur—Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered April 6, 2023, which, to the extent appealed from, granted defendants Ferrante Law Firm and Frank Ferrante, Jr.'s CPLR 3211(a) motion to dismiss the amended complaint, unanimously affirmed, without costs.

The motion court incorrectly applied the doctrine of collateral estoppel to preclude plaintiff's legal malpractice claim, as plaintiff's attorney-client relationship with defendants was not the issue...

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