Gladstone v. Ziegler, 46 A.D.3d 366 (N.Y. App. Div. 2007). · Go Syfert
Gladstone v. Ziegler, 46 A.D.3d 366 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
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Strongest positive: McHenry v. Bader (nysupct, 2015-05-22)
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(Hass & Gottlieb v Sook Hi Lee, 55 AD3d 433, 433 [1st Dept 2008]; Gladstone v Ziegler, 46 AD3d 366, 366 [1st Dept 2007]; see Rudolfo Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d at 443 ; Kaminsky v Herrick, Feinstein LLP, 59 AD3d at 12 .) Yet, as the underlying action still was pending against San Miguel from the vacatur of the 2006 judgment in September 2008 through to the May 2012 judgment, he still might have enforced the later judgment by establishing a fraudulent conveyance in November 2006.
Retrieving the full opinion text from the archive…
Richard Gladstone
v.
Scott Ziegler, and Steven Altman
Appellate Division of the Supreme Court of the State of New York.
Dec 18, 2007.
46 A.D.3d 366
Cited by 1 opinion  |  Published

Judgment, Supreme Court, New York County (Edward H. Lehner, J), entered August 21, 2006, after a jury trial, to the extent appealed from as limited by the briefs, dismissing the first cause of action as against defendant law firm, unanimously affirmed, without costs.

An action for legal malpractice requires proof of the attorney’s negligence, a showing that the negligence was the proximate cause of the plaintiffs injury, and evidence of actual damages (Russo v Feder, Kaszovitz, Isaacson, Weber, Skala & Bass, 301 AD2d 63, 67 [2002]). Here, although the court granted summary judgment to plaintiff on the issue of liability because of defendants’ failure to file a UCC financing statement in the manner necessary to perfect plaintiffs’ security interest, the latter adduced no evidence that they would have been in a different position even had the attorneys properly perfected that interest (see Lory v Parsoff, 17 AD3d 541, 545 [2005]). As a result, the court properly dismissed the claim for legal malpractice for failure to make out a prima facie claim of damages.

The trial court did not err in declining to allow plaintiffs to amend their complaint to assert one of the claims against the general partnership that preceded the defendant firm, as doing so would have prejudiced the individual defendant at the late stage at which plaintiffs made their application to amend (see Rodriguez v Terence Cardinal Cooke Health Care Ctr., 4 AD3d 147 [2004], lv denied 4 NY3d 703 [2005]).

We have considered plaintiffs’ remaining arguments and find them without merit. Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.