Malpeso v. Burstein & Fass

—Order, Supreme Court, New York County (Stuart Cohen, J.), entered October 31, 1997, which, insofar as appealed from as limited by plaintiff’s brief, granted defendant’s motion to dismiss plaintiff’s cause of action for legal malpractice for failure to state a cause of action, unanimously affirmed, with costs.

Plaintiff’s claim of legal malpractice based on defendants’ representation of him at a bail hearing is precluded as a mat*477ter of law by his guilty plea (Carmel v Lunney, 70 NY2d 169). We reject plaintiffs argument that Carmel does not apply where, as here, no claim is made that the…