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[*1]


Decided on September 9, 2008
Supreme Court, New York County

107328/06
For Plaintiff: Morgan Bottehsazan 98 Cutter Mill Road, Suite 462 Great Neck, NY 11021 For Defendants: Foley & Lardner LLP 90 Park Avenue
New York, NY 10016
(Peter N. Wang)
Bernard J. Fried, J.
In this action, plaintiff Hertzel Tal asserts claims against defendants Bernice K. Leber and Arent Fox LLP (Arent Fox) for legal malpractice, breach of fiduciary duty and breach of contract relating to defendants' prior representation of plaintiff in a case involving a dispute over an interest in commercial property.
Defendants now move, pursuant to CPLR 3212, for an order granting them summary judgment dismissing plaintiff's claims against them, and for judgment on their counterclaim for certain unpaid legal fees.
As set forth below, defendants' motion for summary judgment and for judgment on their counterclaim is granted.
The following factual background is comprised of facts taken from defendants' Rule 19-A Statement [FN1] and the affidavits of the parties. This action arises out of defendants' prior [*2]representation of plaintiff in a commercial dispute entitled Hertzel Tal v Albert Malekan et al. (Sup Ct, NY County, Index No. 605562/2000) regarding an interest he claimed to have in property located at 552 7th Avenue, New York, NY (Aff. of Peter N. Wang,

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