Lindenwood Vil., Section C, Coop. Corp. v Denenberg
2021 NY Slip Op 02463 [193 AD3d 593]
April 22, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 2, 2021


[*1]
 Lindenwood Village, Section C, Cooperative Corp., Appellant,
v
Seth Denenberg et al., Respondents.

Law Office of Joshua Kamens, Howard Beach (Joshua Kamens of counsel), for appellant.

SDK Heiberger, LLP, New York (Steven B. Sperber of counsel), for respondents.

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered August 6, 2020, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

This legal malpractice action was properly dismissed. There is no basis other than speculation to support the allegation that, had defendants attorneys, who represented plaintiff client in an underlying action, served notice of entry sooner, the adverse party would not have sought leave to appeal (see Levine v Lacher & Lovell-Taylor, 256 AD2d 147, 149 [1st Dept 1998]). Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ. [Prior Case History: 2020 NY Slip Op 32572(U).]