Lambe v Lenox Hill Hosp. (2012 NY Slip Op 07865)

Lambe v Lenox Hill Hosp.

2012 NY Slip Op 07865 [100 AD3d 518]

November 20, 2012

Appellate Division, First Department

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

As corrected through Wednesday, December 26, 2012

Michael Lambe, Appellant,
v
Lenox Hill Hospital et al., Defendants, and Smith Carroad Levy P.C., Respondent.

—[*1] Silver & Silver, LLP, New York (Herbert J. Silver of counsel), for appellant.

Smith, Carroad, Levy & Wan, Commack (Timothy Wan of counsel), for respondent.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 27, 2011, which granted defendant-respondent's (defendant) motion to dismiss the complaint as against it, unanimously affirmed, without costs.

Plaintiff failed to state a cognizable cause of action as against defendant. Indeed, read generously, the complaint merely alleges that defendant issued restraining notices on a duly filed default judgment, obtained by predecessor counsel. This conduct does not amount to a tort (Caribbean Constr. Servs. & Assoc. v Zurich Ins. Co., 267 AD2d 81, 83 [1st Dept 1999]). Concur—Tom, J.P., Andrias, Saxe, Acosta and Freedman, JJ.