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ENGLER v. KALMANOWITZ

60 A.D.3d 540 (2009)

876 N.Y.S.2d 366

ERNESTINE ENGLER, Respondent, v. MARK KALMANOWITZ et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 24, 2009.

Defendants in this legal malpractice action demonstrated plaintiff could not prove that but for their alleged negligence, she would have prevailed on the merits in the underlying litigation (see e.g. Davis v Klein, 88 N.Y.2d 1008 [1996]). Plaintiff alleged that Celebrity Cruise Lines had an open seam in its carpet, which created a tripping hazard when pressure was applied from pedestrian traffic. She failed, however, by either her...

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