SUSAN P. LEVY AND STUART D. LEVY, plf-app, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., def-res

14-074. SUSAN P. LEVY AND STUART D. LEVY, plf-app, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Margaret A. Chan, J.), entered August 15, 2011, insofar as appealed from, modified by granting the motion of plaintiff Stuart Levy for prejudgment interest on the award of $158,855.36 issued to him on the conversion cause of action and remanding the matter to Civil Court for calculation of such prejudgment interest; as modified, order affirmed, without costs.

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14-074. SUSAN P. LEVY AND STUART D. LEVY, plf-app, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Margaret A. Chan, J.), entered August 15, 2011, insofar as appealed from, modified by granting the motion of plaintiff Stuart Levy for prejudgment interest on the award of $158,855.36 issued to him on the conversion cause of action and remanding the matter to Civil Court for calculation of such prejudgment interest; as modified, order affirmed, without costs.

Plaintiffs’ motion to amend their complaint was properly denied, since the proposed new cause of action for breach of contract was duplicative of the extant legal malpractice claim (see Laruccia v. Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP, 295 AD2d 321 [2002], lv dismissed in part, denied in part 98 NY2d 753 [2002]; see also Fross, Zelnick, Lehrman & Zissu, P.C. v. Geer, 120 AD3d 1157 [2014]).

SUSAN P. LEVY AND STUART D. LEVY, plf-app, v. HERBERT WILLIAM FISCHMAN, ESQ. AND HERBERT WILLIAM FISCHMAN, P.C., def-res

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