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Analisa Salon, Ltd. v. Elide Properties

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 30, 2009

ANALISA SALON, LTD., D/B/A SUSAN MARLOWE FIGURE SALON, PLAINTIFF,
v.
ELIDE PROPERTIES, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT, ET AL., DEFENDANTS; ROCCO . SALERNO, JR., THIRD-PARTY DEFENDANT- RESPONDENT.

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).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, ARIEL E. BELEN & CHERYL E. CHAMBERS, JJ.

(Index No. 7582/05)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

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.P., ANGIOLILLO, BELEN and CHAMBERS, JJ., concur.

20090630

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