An action for legal malpractice arose out of an underlying mortgage foreclosure proceeding. Plaintiff’s complaint alleged that the law firm defendant failed to oppose a motion for summary judgment in the underlying action and that, but for that failure, plaintiff would have been successful and prevailed in the action.
Staten Island Supreme Court Justice Ronald Castorina Jr. noted that in doing so, however, the complaint made only a single vague allegation to support the claim that plaintiff would have prevailed in the underlying action.
