Analisa Salon, Ltd. v. Elide Properties, LLC

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2009-06-30
Citations: 63 A.D.3d 1091, 881 N.Y.S.2d 301
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Lead Opinion

—In an action, inter alia, to recover damages for unlawful eviction, and a related third-party action to recover damages for legal malpractice, the defendant third-party plaintiff appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered January 28, 2008, which granted the third-party defendant’s motion to dismiss the amended third-party complaint pursuant to CPLR 3211 (a).

Ordered that the order is affirmed, with costs.

Page 1092
Under the circumstances of this case, we agree with the Supreme Court that the third-party complaint failed to state a cause of action to recover damages for legal malpractice (see CPLR 3211 [a] [7]).

The appellant’s remaining contention is without merit. Santucci, J.E, Angiolillo, Belen and Chambers, JJ., concur. [See 19 Misc 3d 1107(A), 2008 NY Slip Op 50580(U).]