Summary
granting summary judgment to the defendants on Judiciary Law § 487 claim
Summary of this case from A.R.K. Patent Int'l, LLC v. LevyOpinion
September 29, 2000.
Appeals from Order of Supreme Court, Onondaga County, McCarthy, J. — Summary Judgment.
PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND BALIO, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied that part of plaintiff's motion seeking partial summary judgment on the legal malpractice cause of action. Plaintiff failed to submit evidence in admissible form establishing that, but for defendants' negligence, she would have been successful in the underlying action ( see, Campcore, Inc. v. Mathews, 261 A.D.2d 870, 871, lv denied 93 N.Y.2d 814, rearg denied 94 N.Y.2d 839). Specifically, plaintiff failed to establish as a matter of law that the bus accident was the proximate cause of her herniated disc for which she sought damages.
The court also properly denied plaintiff's motion to renew the prior motion. Although the court erroneously identified the affidavit of plaintiff's surgeon rather than the affidavit of plaintiff as the new evidence plaintiff was seeking to admit, we nevertheless conclude that plaintiff failed to provide an adequate excuse for her failure to submit her affidavit upon the original motion ( see, Foley v. Roche, 68 A.D.2d 558, 568).
Finally, the court properly denied that part of plaintiff's motion seeking partial summary judgment on the cause of action pursuant to Judiciary Law § 487 and, upon searching the record, granted summary judgment to defendants on that cause of action ( see, CPLR 3212 [b]). The allegations of deceit, viewed in the light most favorable to plaintiff, fail to establish as a matter of law that defendants engaged in "'a chronic, extreme pattern of legal delinquency'" ( Schindler v. Issler Schrage, 262 A.D.2d 226, 228, lv dismissed 94 N.Y.2d 791, rearg denied 94 N.Y.2d 859, quoting Wiggin v. Gordon, 115 Misc.2d 1071, 1077).