Estate of Feder v. Winne, Banta, Hetherington, Basralian & Kahn, P.C.

Order, Supreme Court, New York County (Donna M. Mills, J.), entered March 13, 2013, which granted defendant’s motion to dismiss the complaint alleging legal malpractice and breach of fiduciary duty, unanimously affirmed, without costs.

The motion court properly considered the email and correspondence from defendant to plaintiff, as executor of the estate, in dismissing the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7) (David v Hack, 97 AD3d 437, 438 [1st Dept 2012]; see also Eighth Ave. Garage Corp. v Kaye Scholer LLP, 93 AD3d 611, 612 [1st Dept 2012], lv…