Appellate Division of the Supreme Court of New York, 1995

Skura v. Hartford Fire Insurance

Skura v. Hartford Fire Insurance
Appellate Division of the Supreme Court of New York · Decided March 13, 1995
213 A.D.2d 472; 624 N.Y.S.2d 893; 1995 N.Y. App. Div. LEXIS 2729
Skura v. Hartford Fire Insurance

Opinion of the Court

β€”In an action to recover damages, inter alia, for negligence, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Newmark, J.), dated November 29, 1993, as denied the branch of her motion which was to amend the complaint by adding a cause of action sounding in legal malpractice against the defendant Robert E. Koke.

Ordered that the order is affirmed, with costs.

The record demonstrates that there is an absence of privity of contract between the plaintiff and the defendant Robert E. Koke. Accordingly, the Supreme Court properly held that the proposed amendment of the complaint, which sought to add a cause of action against Koke for damages for legal malpractice, is without merit (see, Weiss v Manfredi, 83 NY2d 974). Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

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