John P. Tilden, Ltd. v. Profeta & Eisenstein

—Order, Supreme Court, New York County (Charles Ramos, J.), entered December 19, 1995, which, in a legal malpractice action, denied plaintiff’s motion for partial summary judgment and granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff’s contention that had defendants timely served on opposing counsel plaintiff’s motion in the underlying action for leave to appeal to the Court of Appeals (Nestor v John P. Til-den, Ltd., 175 AD2d 43, lv dismissed 79 NY2d 849), the Court of Appeals would have granted leave to appeal and…