Engler v. Kalmanowitz

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered August 1, 2008, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Defendants in this legal malpractice action demonstrated plaintiff could not prove that but for their alleged negligence, she would have prevailed on the merits in the underlying litigation (see e.g. Davis v Klein, 88 NY2d 1008 [1996]). Plaintiff alleged that Celebrity…