McGowan v. Frankie, Smirti & Gentile

In an action to recover damages for legal malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Minardo, J.), dated September 1, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly concluded that had the former attorney for the plaintiff William J. McGowan (hereinafter the plaintiff) properly prosecuted the plaintiffs proceeding pursuant to CPLR article 78, the plaintiff would not have prevailed on the merits of that case (see, Davis v Klein,…