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Layton v. Krassner

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 169 (N.Y. App. Div. 1997)

Opinion

March 18, 1997.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about November 3, 1995, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Before: Wallach, J.P., Nardelli, Rubin and Williams, JJ.


In this legal malpractice action arising out of the parties' disagreement as to trial strategy in the underlying action, there are no triable issues of fact ( see, Rodriguez v Fredericks, 213 AD2d 176, lv denied 85 NY2d 812). Plaintiff has failed to establish, as a matter of law, counsel's negligence, and has also failed to demonstrate that but for the nature of the representation, he would have prevailed in the underlying action ( Pace-setter Communications Corp. v Solin Breidel, 150 AD2d 232). Counsel properly refused to pursue, and to retain a handwriting expert in support of, Plaintiff's patently meritless claim that his signature on a mortgage was a forgery.

We have considered Plaintiff's remaining claims and find them to be without merit.


Summaries of

Layton v. Krassner

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 169 (N.Y. App. Div. 1997)
Case details for

Layton v. Krassner

Case Details

Full title:CONRAD LAYTON, Appellant, v. MARK KRASSNER, Respondent

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

Date published: Mar 18, 1997

Citations

237 A.D.2d 169 (N.Y. App. Div. 1997)
654 N.Y.S.2d 766