Marino v. Pergolizzi

In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated November 24, 2003, which denied his motion for leave to enter judgment upon the defendant’s alleged default in answering the complaint and granted the defendant’s cross motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the appeal from so much of the order as denied the motion is dismissed, without costs or disbursements; and it is further,

Ordered that the order is reversed insofar as…