Young v Quatela

Young v Quatela 2012 NY Slip Op 06803 Decided on October 10, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 10, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
2010-07422
(Index No. 601658/09)

[*1]Raymond Young, appellant,

v

Joseph Quatela, et al., defendants, Kevin Werner, et al., respondents.




Michael H. Joseph, PLLC, White Plains, N.Y., for appellant.
Long, Tuminello, Besso, Seligman, Werner & Sullivan, LLP,
Bay Shore, N.Y. (Michelle Aulivola of
counsel), respondent pro se and for
respondent Kevin Werner.


DECISION & ORDER

In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Feinman, J.), entered June 24, 2010, as granted that branch of the motion of the defendants Kevin Werner and Tuminello, Besso, Seligman, Quinlan & Werner, LLP, which was, in effect, pursuant to CPLR 3211(a)(1) to dismiss the third and fourth causes of action.

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

Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the motion of the defendants Kevin Werner and Long, Tuminello, Besso, Seligman, Werner & Sullivan, LLP, which was, in effect, pursuant to CPLR 3211(a)(1) to dismiss the third and fourth causes of action.

The plaintiff's remaining contentions are without merit.
ANGIOLILLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court