WINKLER v. MESSINGER, ALPERIN & HUFJAY


147 A.D.2d 693 (1989)

Richard Winkler, Appellant, v. Messinger, Alperin & Hufjay et al., Respondents

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

February 27, 1989


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court acted properly in dismissing the plaintiff's complaint, which sought to recover damages allegedly caused by the defendants' legal malpractice. In the first instance, the complaint does not state a viable cause of action in legal malpractice since it does not allege that the plaintiff was innocent of the criminal charges lodged against him (see, Carmel v Lunney...

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