In Singh v Pliskin, Rubano, Baum & Vitulli, 200 AD3d 927, 929 [2d Dept 2021]. The court denied the law firm’s motion to dismiss, holding:
The complaint, as augmented by the affidavit of Singh submitted in opposition to the defendants’ motion to dismiss, sufficiently stated a cause of action for legal malpractice (see CPLR 3211 [a] ; Leon v Martinez, 84 NY2d 83, 87-88 ; Doe v Ascend Charter Schs., 181 AD3d 648, 649-650 ). Contrary to the defendants’ contention, at this preliminary stage of the litigation, they failed to conclusively demonstrate that the plaintiffs’ subsequent attorney had a sufficient opportunity to correct the defendants’ alleged negligence, such that they did not proximately cause any damages flowing from that negligence (see Gobindram v Ruskin Moscou Faltischek, P.C., 175 AD3d 586, 591 ). The defendants also failed to demonstrate that their actions were protected by the attorney judgment rule (see generally Rosner v Paley, 65 NY2d 736, 738 ; Katsoris v Bodnar & Milone, LLP, 186 AD3d at 1505).
The documents submitted by the defendants do not utterly refute the factual allegations of the complaint and do not conclusively establish a defense to the plaintiffs’ legal malpractice claim as a matter of law (see CPLR 3211 [a] ; Cali v Maio, 189 AD3d 1337, 1338 ; Gorunkati v Baker Sanders, LLC, 179 AD3d 904, 906 ).
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