Finova Capital Corp. v. Berger

Order, Supreme Court, New York County (Louis B. York, J.), entered September 8, 2003, denying defendant’s motion to *257dismiss the complaint for failure to state a cause of action and for summary judgment, unanimously reversed, on the law, without costs, summary judgment granted and the complaint dismissed. Appeal from order, same court and Justice, entered June 29, 2004, denying defendant’s motion to vacate the note of issue, unanimously dismissed, without costs. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff claims that defendant attorney…