Niles v Kay (2005 NY Slip Op 52165(U))

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Niles v Kay

2005 NY Slip Op 52165(U) [10 Misc 3d 138(A)]

Decided on December 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 30, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
Hon. William P. McCooe, J.P.,
Hon. Willima J. Davis,
Hon. Phyllis Gangel-Jacob, JJ.

NY Cty Clerk# 570510/05

Cynthia Niles, Plaintiff-Appellant,

against

Mitchell N. Kay, Esq., Defendant-Respondent.

Plaintiff appeals from (1) an order of the Civil Court, New York County (Anil C. Singh, J.), entered April 4, 2005, which granted defendant's motion for summary judgment dismissing the complaint; and (2) an order, same court and judge, entered April 21, 2005, which granted plaintiff's motion to renew or reargue and upon reargument adhered to its prior decision.

PER CURIAM

Orders (Anil C. Singh, J.), entered April 4, 2005 and April 21, 2005, affirmed, with $25 costs.

This negligence action against the defendant attorney by his former client to recover damages for the alleged failure to properly file a satisfaction of judgment was properly dismissed on statute of limitation grounds (CPLR §214). Furthermore, there is no proof that the denial of credit to her was caused by the failure to file the judgment.This constitutes the decision and order of this court.
I concur
I concur
Decision Date: December 30, 2005