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BARBARA ALBACH et al., Respondents, v. MANNING AND MULE et al., Appellants.

Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the complaint is dismissed.

The plaintiffs brought this action to recover damages for legal malpractice based on the allegation that the defendants failed to commence a proceeding pursuant to CPLR article 78 within the applicable Statute of Limitations period. Since the plaintiffs failed to demonstrate that, but for the defendants' negligence, they would have prevailed in the proceeding pursuant to CPLR article 78, summary judgment is awarded to the defendants (see, Gonzales v. O'Hagen Reilly, 189 A.D.2d 801; Flinn v. Aab, 167 A.D.2d 507; Mahoney v. Manfredi, 166 A.D.2d 557). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.

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ALBACH v. MANNING AND MULE
(Feb 22, 1994)