Opinion
May 10, 2001.
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered July 12, 2000, which, in an action for legal malpractice, insofar as appealed from, granted defendant-respondent's motion for summary judgment dismissing the complaint as against him, and denied plaintiff's cross motion for partial summary judgment as against respondent, unanimously affirmed, with costs.
Gerry E. Feinberg, for plaintiff-appellant.
Evan A. Richman, for defendant-respondent.
Before: Sullivan, P.J., Rosenberger, Tom, Andrias, Marlow, JJ.
The action was properly dismissed as against respondent on the ground that plaintiff would not have prevailed on his appeal of the underlying action even if respondent had perfected it (see, Weiner v. Hershman Leicher, 248 A.D.2d 193), and even if consideration were given to the various arguments plaintiff now makes that were not before the IAS court in the underlying action.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.