| Harvey v Greenberg |
| 2011 NY Slip Op 02546 [82 AD3d 683] |
| March 31, 2011 |
| Appellate Division, First Department |
| Sharde Harvey, Appellant, v Laurence P. Greenberg,Respondent. |
—[*1] Furman Kornfeld & Brennan LLP, New York (Andrew S. Kowlowitz of counsel), forrespondent.
Order, Supreme Court, New York County (Carol Robinson Edmead, J.), entered November10, 2009, which granted defendant's motion to dismiss the complaint and denied plaintiff's crossmotion for leave to amend the complaint, unanimously affirmed, without costs.
Plaintiff's allegations in support of her legal malpractice claim were conclusory, speculativeand contradicted by the documentary evidence submitted on the motion to dismiss. The trialjudge in the underlying matrimonial action conducted a thorough allocution on the stipulation ofsettlement. Plaintiff acknowledged that she understood and agreed with the terms of thesettlement and knew that it was a full and final agreement. She further stated that her attorneyhad answered her questions and that she was satisfied with the services he provided. Under thesecircumstances, the motion court properly dismissed the complaint (see Weissman v Kessler, 78 AD3d465 [2010]; Katebi v Fink, 51AD3d 424 [2008]).
We have considered plaintiff's remaining contentions and find them unavailing.Concur—Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ. [Prior Case History:2009 NY Slip Op 32625(U).]