Nicke v. Schwartzapfel Partners, P.C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for legal malpractice and fraud, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau *1169County (Mahon, J.), entered March 27, 2014, as granted those branches of the separate motions of the defendants Schwartzap-fel Partners, P.C., also known as Schwartzapfel Lawyers, P.C., and Steven Schwartzapfel, and the defendant Michael Shapiro, which were pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted against each of them for lack of capacity to sue.
Ordered that the order is reversed…
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