PYNE v. BLOCK & ASSOCIATES


305 A.D.2d 213 (2003)

760 N.Y.S.2d 30

JAMES PYNE, Appellant, v. BLOCK & ASSOCIATES et al., Respondents.

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

Decided May 13, 2003.


Even assuming the truth of the material allegations of the complaint, and according plaintiff the benefit of all reasonable inferences, the complaint fails to plead a cognizable claim for malpractice since it does not permit the inference that, but for defendants' failure to name certain parties as defendants in plaintiff's underlying federal personal injury action, plaintiff would not have sustained actual, ascertainable damages (see Pellegrino v File,

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