Pere v. St. Onge

In an action to recover damages for legal malpractice and *466fraud, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (G. Aronin, J.), dated August 9, 2003, as granted that branch of the defendant’s cross motion which was for summary judgment dismissing the second cause of action and denied their motion pursuant to CPLR 3126 (3) to strike the defendant’s answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The complaint alleged that the defendant attorney was retained by the plaintiff Thomas Holdings Corp.…