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DeFranco v. Napoli Bern Ripka Shkolnik LLP

Malpractice Claim Survives Following Law Firm's Failure to Call Some Witnesses at Trial

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The following e-filed documents, listed by NYSCEF document number (Motion 007) 106, 107, 108, 109, 110, 111, 112, 113, 127, 147, 148, 149, 150, 151, 152, 153, 154, 156 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 008) 114, 115, 116, 117, 118, 119, 120, 121, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 155, 157 were read on this motion to/for DISMISS. DECISION + ORDER ON MOTION In this legal malpractice action, motion sequence numbers (Mot. Seq.) 007 and 008, seeking dismissal pursuant to CPLR 3211, are consolidated herein for resolution and resolved as follows. Background Plaintiffs GinaMarie and Daniel DeFranco are spouses who have resided at all relevant times on Staten Island (see affidavit of GinaMarie [GinaMarie] DeFranco, sworn to December 11, 2021 [GinaMarie Aff],

1-2 [NYSCEF Doc No. 152]).¹ Plaintiffs allege that GinaMarie was injured on May 21, 2003, driving through the intersection of Amboy Road and Barclay Avenue on Staten Island, when the car she was operating ran over a “live electrical wire/power line” lying on the road surface, which shocked her and caused her, among other harms, serious, traumatic neurological, spinal cord, and psychological injuries (second amended complaint [SAC] [NYSCEF Doc No. 104],

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