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VIOLET TRAPP-WHITE, plf-res, v. FRANK FOUNTAIN defap Rivkin Radler LLP, New York (Jonathan Bruno of counsel), for ap

3044. VIOLET TRAPP-WHITE, plf-res, v. FRANK FOUNTAIN defap — Rivkin Radler LLP, New York (Jonathan Bruno of counsel), for ap — Schwartz, Ponterio & Levenson, PLLC, New York (Matthew F. Schwartz of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about October 1, 2015, which denied defendants' motion to dismiss the complaint, unanimously modified, on the law, to grant the motion to the extent the complaint seeks damages for emotional distress or mental anguish, and otherwise affirmed, without costs.

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3044. VIOLET TRAPP-WHITE, plf-res, v. FRANK FOUNTAIN defap — Rivkin Radler LLP, New York (Jonathan Bruno of counsel), for ap — Schwartz, Ponterio & Levenson, PLLC, New York (Matthew F. Schwartz of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about October 1, 2015, which denied defendants’ motion to dismiss the complaint, unanimously modified, on the law, to grant the motion to the extent the complaint seeks damages for emotional distress or mental anguish, and otherwise affirmed, without costs.

Plaintiff, who ultimately was granted a green card and permitted to return to the United States, inter alia alleges that defendants’ failure to file a motion to reopen for over a year caused her to be deported and denied permission to return to the United States for almost two years, which caused her to lose her job. Accepting plaintiff’s allegations as true on this motion to dismiss pursuant to CPLR 3211 they sufficiently state a legal malpractice claim (see Lapin v. Greenberg, 34 AD3d 277 [1st Dept 2006]).

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