Lambe v. Lenox Hill Hospital — 100 A.D.3d 518

Majority

p. 518

Michael Lambe, Appellant, v Lenox Hill Hospital et al., Defendants, and Smith Carroad Levy P.C., Respondent.

[953 NYS2d 855]

— Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 27, 2011, which granted defendant-respondent’s (defendant) motion to dismiss the complaint as against it, unanimously affirmed, without costs.

Plaintiff failed to state a cognizable cause of action as against defendant. Indeed, read generously, the complaint merely alleges that defendant issued restraining notices on a duly filed default judgment, obtained by predecessor counsel. This conduct does not amount to a tort (Caribbean Constr. Servs. & Assoc. v Zurich Ins. Co., 267 AD2d 81 , 83 [1st Dept 1999]). Concur— Tom, J.E, Andrias, Saxe, Acosta and Freedman, JJ.

Cases cited

Caribbean Construction Services & Associates, Inc. v. Zurich Insurance 267 AD2d 81 N.Y. App. Div. 1999-12-14 at 83 p. 518