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McGOWAN v. FRANKIE

289 A.D.2d 382 (2001)

734 N.Y.S.2d 879

WILLIAM J. McGOWAN et al., Appellants, v. FRANKIE, SMIRTI AND GENTILE, Respondent.

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

Decided December 17, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly concluded that had the former attorney for the plaintiff William J. McGowan (hereinafter the plaintiff) properly prosecuted the plaintiff's proceeding pursuant to CPLR article 78, the plaintiff would not have prevailed on the merits of that case (see, Davis v Klein, 88 N.Y.2d 1008, 1009-1010; Maillet v Campbell, 280 A.D.2d...

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