Hartman v. Morganstern
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*424In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Mahon, J.), dated October 20, 2004, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the allegations in the complaint must be accepted as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]). Such a motion should…
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