Wilma Clark v Marshall B. Bellovin

Clark v Bellovin 2005 NY Slip Op 03777 [18 AD3d 246] May 10, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 20, 2005

Wilma Clark, Appellant,
v
Marshall B. Bellovin, Esq., Respondent.

—[*1]Order, Supreme Court, New York County (Rosalyn Richter, J.), entered February 18, 2004, which denied plaintiff's motion for a default judgment, unanimously affirmed, without costs.

Defendant's timely appearance in this legal malpractice action precluded a default judgment (CPLR 3215 [a]). The action was properly dismissed for plaintiff's failure to serve a complaint after a timely demand (CPLR 3012 [b]), and because she has commenced a similar second malpractice action, in the same court, against this defendant and his firm (CPLR 3211 [a] [4]). Concur—Buckley, P.J., Tom, Saxe, Friedman and Marlow, JJ.