Cohen v. Wallace & Minchenberg

• Decision Date: 17 April 2007
• Docket Number: 2003-09477.,2006-11652.
• Citation: 2007 NY Slip Op 03257,833 N.Y.S.2d 623,39 A.D.3d 689
• Parties: BENNETT A. COHEN, Appellant, v. WALLACE & MINCHENBERG et al., Defendants, and PANKEN BESTERMAN, WINER, BECKER & SHERMAN, LLP, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

39 A.D.3d 689

833 N.Y.S.2d 623

2007 NY Slip Op 03257

BENNETT A. COHEN, Appellant, v.WALLACE & MINCHENBERG et al., Defendants, and PANKEN BESTERMAN, WINER, BECKER & SHERMAN, LLP, et al., Respondents.

2003-09477.

2006-11652.

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

Decided April 17, 2007.

In an action to recover damages for legal malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (G. Aronin, J.), dated September 4, 2003, which granted the motion of the defendants Panken, Besterman, Winer, Becker & Sherman, LLP, Kenneth Becker, individually and as a member of Panken, Besterman, Winer, Becker & Sherman, LLP, and Richard Becker, individually and as a member of Panken, Besterman, Winer, Becker & Sherman, LLP, to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (1), (5), and (7), or for summary judgment dismissing the complaint insofar as asserted against them, and denied his cross motion for leave to amend the complaint, and (2) a judgment of the same court entered May 10, 2004, which, upon the order, is in favor of those defendants and against him dismissing the complaint. The plaintiff's notice of appeal from the order is deemed also to be a notice of appeal from the judgment (seeCPLR 5501 [c]).

Ordered that the appeals are dismissed, with costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (seeMatter of Aho,39 NY2d 241[1976]).The issues raised...