In Nowlin v Schiano 2019 NY Slip Op 02216 Decided on March 22, 2019 Appellate Division, Fourth Department affirmed the decision of Supreme Court, Monroe County. With a recitation of Supreme Court’s standard, it concludes that there is no substance to the pro-se claim. Further explantion, there is none.
“Memorandum: In this legal malpractice action, plaintiff appeals from an order granting defendants’ motion to dismiss the complaint pursuant to, inter alia, CPLR 3211 (a) (7). We affirm. Accepting as true the facts set forth in the complaint and according plaintiff the benefit of all favorable inferences arising therefrom, as we must in the context of the instant motion (see generally Leon v Martinez, 84 NY2d 83, 87-88 ), we conclude that the complaint fails to plead a cognizable theory for legal malpractice because plaintiff’s allegations do not support even an inference that any alleged negligence by defendants was a proximate cause of plaintiff’s damages (see Alden v Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz [“The People’s Lawyer”], 91 AD3d 1311, 1311 [4th Dept 2012]; Pyne v Block & Assoc., 305 AD2d 213, 213 [1st Dept 2003]). We have reviewed plaintiff’s remaining contentions and conclude that none warrants reversal or modification of the order.”