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JAMES GARTEN, plf-ap, v. SHEARMAN & STERLING LLP, defres

8669. JAMES GARTEN, plf-ap, v. SHEARMAN & STERLING LLP, defres — Donald Pearce, New York, for ap — Shearman & Sterling LLP, New York (Kirsten Cunha of counsel), for res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered September 7, 2011, which, in this action alleging legal malpractice, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

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8669. JAMES GARTEN, plf-ap, v. SHEARMAN & STERLING LLP, defres — Donald Pearce, New York, for ap — Shearman & Sterling LLP, New York (Kirsten Cunha of counsel), for res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered September 7, 2011, which, in this action alleging legal malpractice, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

On an appeal from a denial of a dismissal motion, this Court found that plaintiff “has stated a cause of action for malpractice by alleging that but for’ defendant’s failure to prepare and procure documents necessary to provide him with a first-priority security interest, he would have been able to recover the amounts owed to him by the defaulting borrower” (52 AD3d 207 [1st Dept 2008]).

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