Opinion
14635 Index No. 100148/19 Case No. 2020–03563
11-18-2021
Barbara SILVERSTEIN, Plaintiff–Appellant, v. Gary S. PILLERSDORF, etc., et al., Defendants–Respondents.
Barbara Silverstein, New York, appellant pro se. Kaufman Dolowich & Voluck, LLP, New York (Anthony J. Proscia of counsel), for respondents.
Barbara Silverstein, New York, appellant pro se.
Kaufman Dolowich & Voluck, LLP, New York (Anthony J. Proscia of counsel), for respondents.
Webber, J.P., Kern, Gonza´lez, Mendez, Shulman, JJ.
Order, Supreme Court, New York County (James E. d'Auguste, J.), entered March 5, 2020, which granted defendants’ motion to dismiss the complaint, and denied plaintiff's cross motion for, among other things, leave to amend the complaint, unanimously affirmed, without costs.
Plaintiff's legal malpractice complaint was properly dismissed in accordance with CPLR 3211(a)(7) for failure to state a cause of action. Even accepting plaintiff's allegations as true, the complaint contains no nonconclusory allegations suggesting that any negligence by defendants in their handling of the medical malpractice trial was the "but for" cause of plaintiff to sustain actual and ascertainable damages (see Rudolf v. Shayne, Dachs, Stanisci, Corker & Sauer, 8 N.Y.3d 438, 442, 835 N.Y.S.2d 534, 867 N.E.2d 385 [2007] ). Given plaintiff's conclusory allegations regarding causation, leave to amend was properly denied as futile.
In light of the foregoing, this Court need not reach plaintiff's remaining arguments.