Albach v. Manning and Mule

Full title: BARBARA ALBACH et al., Respondents, v. MANNING AND MULE et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 22, 1994

201 A.D.2d 601 (N.Y. App. Div. 1994)

609 N.Y.S.2d 835

Opinion

February 22, 1994

Appeal from the Supreme Court, Suffolk County (Baisley, J.).

Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the complaint is dismissed.

The plaintiffs brought this action to recover damages for legal malpractice based on the allegation that the defendants failed to commence a proceeding pursuant to CPLR article 78 within the applicable Statute of Limitations period. Since the plaintiffs failed to demonstrate that, but for the defendants' negligence, they would have prevailed in the proceeding pursuant to CPLR article 78, summary judgment is awarded to the defendants (see, Gonzales v. O'Hagen Reilly, 189 A.D.2d 801; Flinn v. Aab, 167 A.D.2d 507; Mahoney v. Manfredi, 166 A.D.2d 557). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.