Zinger v Levinson

[*1] Zinger v Levinson 2010 NY Slip Op 50562(U) [27 Misc 3d 127(A)] Decided on April 7, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 7, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570722/09.

Ludmilla Zinger, Plaintiff-Appellant,

against

Bruce Levinson, Esq., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered July 30, 2009, which granted defendant's motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Peter H. Moulton, J.), entered July 30, 2009, affirmed, with $10 costs.

In opposition to defendant's prima facie showing of entitlement to judgment as a matter of law dismissing this legal malpractice action, plaintiff failed to raise any triable issue regarding whether, "but for" defendant's alleged negligence, plaintiff would have obtained succession rights to the subject rent stabilized apartment premises (see generally Davis v Klein, 88 NY2d 1008 [1996]; Barbara King Family Trust v Voluto Ventures, LLC, 46 AD3d 423 [2007]). Accordingly, the complaint was properly dismissed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT
Decision Date: April 07, 2010