Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted those branches of the motion of the plaintiff and the third-party defendant which were to dismiss the defendants' counterclaims and the third-party complaint insofar as they assert claims to recover damages for legal malpractice for failure to state a cause of action. We construe as true the allegations in the third-party complaint and in the defendants' counterclaims, and accord the appellants the benefit of every favorable inference ( see L. Magarian Co. v. Timberland Co., 245 AD2d 69; cf. Dodge v. King, 19 AD3d 359; Konidaris v. Aeneas Capital Mgt., LP, 8 AD3d 244; Schneider v. Hand, 296 AD2d 454). Nevertheless, the appellants failed to allege sufficient material facts to give rise to cognizable claims to recover damages for legal malpractice ( see Edwards v. Haas, Greenstein, Samson, Cohen Gerstein, P.C., 17 AD3d 517, 519).
We decline the respondents' request to impose a sanction upon the appellants for pursuing an allegedly frivolous appeal ( see 22 NYCRR 130-1.1).
The appellants' remaining contentions are without merit.