Young v. Quatela

• Decision Date: 10 October 2012
• Citation: 951 N.Y.S.2d 882,2012 N.Y. Slip Op. 06803,99 A.D.3d 795
• Parties: Raymond YOUNG, appellant, v. Joseph QUATELA, et al., defendants, Kevin Werner, et al., respondents.
• Court: New York Supreme Court — Appellate Division

99 A.D.3d 795

951 N.Y.S.2d 882

2012 N.Y. Slip Op. 06803

Raymond YOUNG, appellant,

v. Joseph QUATELA, et al., defendants,Kevin Werner, et al., respondents.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 10, 2012.

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.

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.