| Jean-Baptiste v Law Firm of Kenneth B. Mock |
| 2012 NY Slip Op 05913 [98 AD3d 566] |
| August 8, 2012 |
| Appellate Division, Second Department |
| Gerald Jean-Baptiste, Appellant, v Law Firm of Kenneth B.Mock, Respondent. |
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L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Scott Kossove of counsel),for respondent.
In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from ajudgment of the Supreme Court, Nassau County (Brandveen, J.), dated June 13, 2011, which,upon an order of the same court dated May 26, 2011, granting the defendant's motion to dismissthe complaint pursuant to CPLR 3211 (a) (1) and (7), is in favor of the defendant and against himdismissing the complaint. The notice of appeal from the order is deemed to be a notice of appealfrom the judgment (see CPLR 5512 [a]).
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly granted that branch of the defendant's motion which waspursuant to CPLR 3211 (a) (1) to dismiss the cause of action alleging legal malpractice. Thedocumentary evidence conclusively established that the plaintiff does not have a viable claim oflegal malpractice (see Walker vKramer, 63 AD3d 723 [2009]; Faden v Satterlee Stephens Burke & Burke, LLP, 52 AD3d 652[2008]).
The plaintiff's remaining contentions are either not properly before this Court or withoutmerit. Skelos, J.P., Dillon, Leventhal and Sgroi, JJ., concur. [Prior Case History: 2011 NYSlip Op 31540(U).]