Evart v. Shapiro, Beilly & Aronowitz, LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about July 2, 2013, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.
The motion court properly dismissed plaintiffs legal malpractice claims, since this Court previously dismissed the informed consent claims in the underlying action for lack of causation (Evart v Park Ave. Chiropractic, P.C., 86 AD3d 442 [2011], lv denied 17 NY3d 922 [2011]). Accordingly, plaintiff cannot establish that she would have succeeded on the merits of her underlying informed consent claims “but…
2Cases cited2 opinions
- AmBase Corp. v. Davis Polk & WardwellNew York Court of Appeals · 2007
- Evart v. Park Avenue Chiropractic, P.C.Appellate Division of the Supreme Court of the State of New York · 2011