| Galil, LLC v Scott |
| 2009 NY Slip Op 03132 [61 AD3d 820] |
| April 21, 2009 |
| Appellate Division, Second Department |
| Galil, LLC, Respondent, v Mable Scott, Appellant, et al.,Defendant. |
—[*1] Joseph M. Parrotta, Glendale, N.Y. (Lederman Abrahams & Lederman, LLP [Bruce H.Lederman], of counsel), for respondent.
In an action for specific performance of a real estate contract, the defendant Mable Scottappeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County(Schneier, J.), dated April 7, 2008, as denied her separate motions, inter alia, to vacate a consentorder and a judgment of the same court dated March 30, 2007, and September 11, 2007,respectively.
Ordered that the order dated April 7, 2008, is affirmed insofar as appealed from, with costs.
The appellant contends that the Supreme Court erred in denying her motions, inter alia, tovacate a consent order and a judgment in the plaintiff's favor, on the ground that the attorneywho previously represented her in this litigation was ineffective. However, "in the context ofcivil litigation, an attorney's errors or omissions are binding on the client and, absentextraordinary circumstances, a claim of ineffective assistance of counsel will not be entertained"(Matter of Saren v Palma, 263 AD2d 544, 545 [1999]; see Mendoza v Plaza Homes, LLC, 55AD3d 692, 693 [2008]; Matter ofRobinson, 44 AD3d 961 [2007]; Matter of Cichosz v Cichosz, 12 AD3d 598, 599 [2004]). Thedefendant failed to establish the existence of any extraordinary circumstances in this case.Rivera, J.P., Angiolillo, Eng and Belen, JJ., concur.