Ellsworth v. Foley

Appeal from an order of the Supreme Court, Wayne County (Thomas M. Van Strydonck, J.), entered January 20, 2005 in a legal malpractice action. The order, inter alia, granted defendants’ motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this legal malpractice action alleging that defendants failed to preserve for appellate review the contention of plaintiffs that an “error in judgment” charge was erroneously given at the trial in their underlying medical malpractice…