Opinion
570507/04.
Decided February 3, 2005.
Plaintiff appeals from a judgment of the Civil Court of the City of New York, Bronx County, entered on or about April 15, 2004 after inquest (Raul Cruz, J.) in favor of defendant dismissing the complaint.
Judgment entered on or about April 15, 2004 (Raul Cruz, J.) affirmed, without costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
The plaintiff's legal malpractice claim was properly dismissed after inquest, given the absence of any competent medical proof establishing the merit of plaintiff's underlying medical malpractice action ( see Schwartzman v. Friedler, 279 AD2d 517). On this record, plaintiff failed to demonstrate that defendant's "alleged legal malpractice caused [her] damages in the context of a medical malpractice claim upon which [she] could have prevailed." ( DeLeon v. Sonin Genis, 303 AD2d 291, 293).
This constitutes the decision and order of the Court.