St. John v. Tepper

Appellate Division of the Supreme Court of New York

St. John v. Tepper

54 A.D.2d 712, 387 N.Y.S.2d 457, 1976 N.Y. App. Div. LEXIS 14304

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1976·Published·Cited by 1 cases

Opinion

In a legal malpractice action, plaintiff appeals from (1) an order of the Supreme Court, Kings County, dated November 20, 1975, which granted defendant’s motion for summary judgment and (2) the judgment entered thereon on December 8, 1975. Order and judgmént affirmed, with one bill of $50 costs and disbursements. Appellant’s complaint fails to state a cause of action as it shows no actual damages. Mere speculation as to the amount of damages is insufficient to defeat a motion for summary judgment. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Hawkins, JJ., concur.

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In a legal malpractice action, plaintiff appeals from (1) an order of the Supreme Court, Kings County, dated November 20, 1975, which granted defendant’s motion for summary judgment and (2) the judgment entered thereon on December 8, 1975. Order and judgmént affirmed, with one bill of $50 costs and disbursements. Appellant’s complaint fails to state a cause of action as it shows no actual damages. Mere speculation as to the amount of damages is insufficient to defeat a motion for summary judgment. Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Hawkins, JJ., concur.

St. John v. Tepper, 54 A.D.2d 712, 387 N.Y.S.2d 457, 1976 N.Y. App. Div. LEXIS 14304 (N.Y. Ct. App. 1976).

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