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COOPER v. KELNER & KELNER

45 A.D.3d 323 (2007)

844 N.Y.S.2d 292

VOLA COOPER et al., Appellants, v. KELNER & KELNER et al., Respondents.

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

Decided November 8, 2007.

Defendants demonstrated prima facie entitlement to judgment in this legal malpractice action by showing plaintiffs could not prove that but for defendants' alleged negligence, plaintiffs would have succeeded in the underlying litigation (see e.g. Leder v Spiegel, 9 N.Y.3d 836 [2007]; Reibman v Senie, 302 A.D.2d 290 [2003]). Plaintiffs speculated that Carnival Cruise Lines had notice of an...

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