Chodos v Pariser (2005 NY Slip Op 50097(U))

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Chodos v Pariser

2005 NY Slip Op 50097(U)

Decided on February 3, 2005

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 3, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570507/04

EVA CHODOS, Plaintiff-Appellant,

against

DANIEL W. PARISER, Defendant-Respondent.

Plaintiff appeals from a judgment of the Civil Court of the City of New York, Bronx County, entered on or about April 15, 2004 after inquest (Raul Cruz, J.) in favor of defendant dismissing the complaint.

PER CURIAM:

Judgment entered on or about April 15, 2004 (Raul Cruz, J.) affirmed, without costs.

The plaintiff's legal malpractice claim was properly dismissed after inquest, given the absence of any competent medical proof establishing the merit of plaintiff's underlying medical malpractice action (see Schwartzman v Friedler, 279 AD2d 517 [2001]). On this record, plaintiff failed to demonstrate that defendant's "alleged legal malpractice caused [her] damages in the context of a medical malpractice claim upon which [she] could have prevailed." (DeLeon v Sonin & Genis, 303 AD2d 291, 293 [2003]).
This constitutes the decision and order of the Court.
Decision Date: February 03, 2005