Cooper v. Kelner & Kelner

Judgment, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered August 23, 2006, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered August 4, 2006, which granted defendants’ motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Defendants demonstrated prima facie entitlement to judgment in this legal malpractice action by showing plaintiffs could not prove that but for defendants’ alleged negligence, plaintiffs would have succeeded in the underlying litigation (see e.g.…