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Dana ESCOFFIER, as Administrator of the Estate of Lovey Branham, Plaintiff-Appellant, v. GOLDBERG, SCUDIERI AND LINDENBERG, P.C., Defendant-Respondent.
Judgment (Debra Rose Samuels, J.), entered July 24, 2018, affirmed, without costs.
The trial court correctly dismissed the action at the close of plaintiff's case. Even affording plaintiff every favorable inference that reasonably could be drawn from the evidence adduced at trial (see Szczerbiak v. Pilat, 90 NY2d 553, 556 [1997]), we agree that he failed to establish a prima facie case of legal malpractice against defendant, a law firm that represented him as administrator of the estate of his deceased mother in a summary proceeding for unpaid maintenance arrears. The trial court considered and rejected the alleged instances of legal malpractice and the court's findings and conclusions are supported by the record. Thus, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; Williams v. Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]). The trial record does not support plaintiff's contention that he was deprived of a fair trial by virtue of the manner in which the trial judge conducted the proceeding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Per Curiam.
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Docket No: 570132 /20
Decided: October 05, 2020
Court: Supreme Court, Appellate Term, New York.
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