Lindenwood Village, Section C, Cooperative Corp., Plaintiff–Appellant, v. Seth Denenberg et al., Defendants–Respondents. Index No. (2021)

Supreme Court, Appellate Division, First Department, New York.

Lindenwood Village, Section C, Cooperative Corp., Plaintiff–Appellant, v. Seth Denenberg et al., Defendants–Respondents. Index No.

1363 7

Decided: April 22, 2021

Manzanet–Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

Case No.2021–00099

Law Office of Joshua Kamens, Howard Beach (Joshua Kamens of counsel), for appellant.

SDK Heiberger, LLP, New York (Steven B. Sperber of counsel), for respondents.

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered August 6, 2020, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

This legal malpractice action was properly dismissed. There is no basis other than speculation to support the allegation that, had defendants attorneys, who represented plaintiff client in an underlying action, served notice of entry sooner, the adverse party

would not have sought leave to appeal (see Levine v. Lacher & Lovell–Taylor, 256 A.D.2d 147, 149 [1st Dept 1998] ).

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