Kahan Jewelry Corp. v. Rosenfeld

—Order, Supreme Court, New York County (Marilyn Shafer, J.), entered April 13, 2001, which, inter alia, granted defendants’ motion pursuant to CPLR 3211 to dismiss plaintiffs’ first and second causes of action, unanimously affirmed, with costs.

The first cause of action, alleging legal malpractice by defendants in the course of their representation of plaintiffs in a mortgage foreclosure action, was properly dismissed with leave to replead since, in view of the circumstance that the foreclosure action was still pending at the time of defendants’ motion, plaintiffs had not yet sustained any…