Opinion
November 30, 1998
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the order is affirmed, with costs.
Because the plaintiffs could not have demonstrated a meritorious defense to the foreclosure action in which they were represented by the defendant attorney ( see, Se Dae Yang v. Korea First Bank, 247 A.D.2d 237), they have not incurred damages as a result of their attorney's failure to serve and file and answer, which resulted in their default in the foreclosure action and entry of a judgment against them ( see, Zasso v. Maher, 226 A.D.2d 366). Accordingly, the instant complaint was properly dismissed.
O'Brien, J. P., Pizzuto, Joy and Goldstein, JJ., concur.