Cary v. Fisher

Appeal from an order of the Supreme Court (Conway, J.), entered July 6, 1989 in Albany County, which denied plaintiffs motion for leave to serve a third amended complaint.

This malpractice action against defendant arises from plaintiffs prior matrimonial litigation against her former husband wherein defendant represented her as her attorney. The first cause of action in plaintiff’s second amended complaint alleged that defendant failed to check title to plaintiffs marital residence which she then owned with her former husband as tenants in common before advising plaintiff to consent to a…