Unger v. Horowitz

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered December 15, 2003, which denied the Breschel defendants’ motion to dismiss the complaint as against them, unanimously affirmed, without costs.

The scope of duty owed by the Breschel defendants to their client was not governed exclusively by any formal substitution *63of new counsel (see e.g. Piliero v Adler & Stavros, 282 AD2d 511 [2001]; MacArthur v Hall, McNicol, Hamilton & Clark, 217 AD2d 429 [1995]), given plaintiff’s sworn assertion, unchallenged, that the outgoing attorney would continue to work as his attorney on the case…