A Bare Bones Dismissal and Affirmance
The Appellate Division, Second Department is a busy place and provides many many decisions every year. Many of them are definite, but sparse on detail. In Montero v Cohen , 2013 NY Slip Op 01382 Decided on March 6, 2013 Appellate Division, Second Department we see that this was a matrimonial case, we see that it is an international case, but we have no idea of what plaintiff's claims were. We do see that they were dismissed on summary judgment and affirmed.
"The plaintiff and his former wife, Nives Montero, married in 1973 in Argentina. They had no children, and, in 2001, the former wife commenced an action for a divorce. In 2005, after several years of litigation, the parties entered into a stipulation of settlement, and they were divorced by a judgment entered in August 2005 and amended a month later (see Montero v Montero, 85 AD3d 986). The defendant attorneys represented the plaintiff at that time, but the plaintiff became dissatisfied with the terms of the stipulation and later discharged the defendants and commenced this action against them to recover damages for legal malpractice. The defendants moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion. The plaintiff appeals.
The plaintiff failed to raise a triable issue of fact as to whether the defendants' alleged breach of the duty of care proximately caused him to suffer actual and ascertainable damages (see McCoy v Feinman, 99 NY2d 295, 302; DeGregorio v Bender, 4 AD3d 385, 386). Accordingly, the Supreme Court properly granted the defendants' [*2]motion. "