Majority
p. 131Michael Melnitzky, Appellant, v Eugene Nathanson, Respondent. [785 NYS2d 688]
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered November 6, 2003, which granted defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, unanimously affirmed, without costs.
The malpractice claim that defendant attorney’s conduct was the “but for” cause of plaintiff’s losses was speculative (see Alter & Alter v Cannella, 284 AD2d 138 , 139 [2001]), it reflected nonactionable strategic choices (see Iocovello v Weingrad & Weingrad, 4 AD3d 208 [2004]), and, as to the claimed failure to plead defamation, was entirely conclusory (see Gonzalez v Lom bardino, 301 AD2d 437 [2003]). Concur—Nardelli, J.P., Mazzarelli, Sullivan, Friedman and Gonzalez, JJ.
Cases cited
- Alter & Alter v. Cannella 284 AD2d 138 at 139 p. 131
- Gonzalez v. Lombardino 301 AD2d 437 p. 131