Hand v. Silberman

Order, Supreme Court, New York County (Richard F. Braun, J.), entered September 8, 2003, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action and based on documentary evidence, unanimously affirmed, without costs.

Plaintiff failed to demonstrate, in this legal malpractice action, that she would have been successful in the underlying administrative proceeding but for the alleged negligence of defendants (Davis v Klein, 88 NY2d 1008 [1996]). Neither an error in judgment nor in choosing a reasonable course of action constitutes malpractice (see Rosner v…