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SYDNEY COLEMAN, M.D., PLAINTIFF-APPELLANT, v. FOX HORAN CAMERINI, LLP, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Assuming that defendant attorneys breached their duty to disclose a conflict of interest with plaintiff client, plaintiff's claims against them and their firm for malpractice and breach of fiduciary duty were nonetheless properly dismissed since plaintiff failed sufficiently to set forth the manner in which the alleged breach caused him to sustain damages (see, Franklin v. Winard, 199 A.D.2d 220).

We have reviewed plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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COLEMAN v. FOX HORAN CAMERINI
(Jul 6, 2000)