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KAHAN JEWELRY CORP. v. ROSENFELD

295 A.D.2d 261 (2002)

744 N.Y.S.2d 664

KAHAN JEWELRY CORP. et al., Appellants, v. TAB K. ROSENFELD et al., Respondents.

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

Decided June 25, 2002.

The first cause of action, alleging legal malpractice by defendants in the course of their representation of plaintiffs in a mortgage foreclosure action, was properly dismissed with leave to replead since, in view of the circumstance that the foreclosure action was still pending at the time of defendants' motion, plaintiffs had not yet sustained any actual damages attributable to the alleged malpractice (see, IGEN, Inc. v White, 250 A.D.2d 463

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