MENKES v. SOLOMON & CRAMER LLP

Index No. 650767/20. Appeal No. 15527. Case No. 2021-02452.

203 A.D.3d 514 (2022)

161 N.Y.S.3d 766

2022 NY Slip Op 01740

Sheryl R. Menkes, Appellant, v. Solomon & Cramer LLP et al., Respondents.

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

Decided March 15, 2022.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellant.

Kaufman Dolowich & Voluck, LLP, New York (Anthony J. Proscia of counsel), for respondents.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.


Plaintiff's legal malpractice claim was correctly dismissed in accordance with CPLR 3211(a)(7) for failure to state a cause of action. Even accepting plaintiff's allegations as true, the complaint contains only conclusory allegations that any negligence by defendants in not raising an affirmative claim for interest in a fee dispute between plaintiff and two attorneys was the "but for" cause of plaintiff's alleged damages (AmBase...

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