Faden v Satterlee Stephens Burke & Burke, LLP

2008 NY Slip Op 05651

Decided on June 17, 2008

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 17, 2008
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
HOWARD MILLER, J.P.
MARK C. DILLON
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
2007-06325
(Index No. 8804/00)






Brian C. Rappaport, P.C., Mineola, N.Y. (Susan R. Nudelman of
counsel), for appellant.
Satterlee Stephens Burke & Burke, LLP, New York, N.Y. (Alun
W. Griffiths of counsel), respondent
pro se and for remaining respondent.


DECISION & ORDER

In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Palmieri, J.), dated May 22, 2007, which granted the defendants' motion, inter alia, in effect, pursuant to CPLR 3211(a)(1) to dismiss the complaint.

ORDERED that the order is affirmed, with costs.

The defendants were entitled to dismissal of the complaint based upon documentary evidence that conclusively established a defense to the action (see CPLR 3211[a][1]; Malarkey v Piel, 7 AD3d 681). The defendants submitted a stockholders' agreement signed by the plaintiff which conclusively disposed of his legal malpractice claim (see Bishop v Maurer, 33 AD3d 497, 499, affd 9 NY3d 910; Beattie v Brown & Wood, 243 AD2d 395; Lunney & Crocco v Wolfe, 243 AD2d 348).
MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court