Aguero v. Commonwealth Land Title Insurance

Appellate Division of the Supreme Court of New York

Aguero v. Commonwealth Land Title Insurance

253 A.D.2d 834, 678 N.Y.S.2d 499, 1998 N.Y. App. Div. LEXIS 9831

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 28, 1998

StatusPublished

This text of 253 A.D.2d 834 (Aguero v. Commonwealth Land Title Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aguero v. Commonwealth Land Title Insurance, 253 A.D.2d 834, 678 N.Y.S.2d 499, 1998 N.Y. App. Div. LEXIS 9831 (N.Y. Ct. App. 1998).

Pincite

Opinion

In an action to recover damages for breach of contract and legal malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 8, 1997, which denied their motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.

Ordered that the order is modified by deleting the provision thereof which denied the motion insofar as it was made on behalf of the defendants Bruce Kennedy, P. C., and Bruce Kennedy, and substituting therefor a provision granting the motion insofar as it was made on behalf of those defendants; as so modified, the order is affirmed, with costs to the appellants.

The plaintiffs failed to raise a triable issue of fact (see, CPLR 3212 [b]) with regard to the second cause of action, which was to recover damages for legal malpractice, as to whether they incurred damages as a result of their attorney’s actions (see, Zasso v Maher, 226 AD2d 366).

The appellants’ remaining contention is without merit. Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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In an action to recover damages for breach of contract and legal malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 8, 1997, which denied their motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.

Ordered that the order is modified by deleting the provision thereof which denied the motion insofar as it was made on behalf of the defendants Bruce Kennedy, P. C., and Bruce Kennedy, and substituting therefor a provision granting the motion insofar as it was made on behalf of those defendants; as so modified, the order is affirmed, with costs to the appellants.

The plaintiffs failed to raise a triable issue of fact (see, CPLR 3212 [b]) with regard to the second cause of action, which was to recover damages for legal malpractice, as to whether they incurred damages as a result of their attorney’s actions (see, Zasso v Maher, 226 AD2d 366).

The appellants’ remaining contention is without merit. Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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Bluebook (online)

253 A.D.2d 834, 678 N.Y.S.2d 499, 1998 N.Y. App. Div. LEXIS 9831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aguero-v-commonwealth-land-title-insurance-nyappdiv-1998.

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