CHRISTY VIENER v. SAGONA

The court's grant of plaintiff's motion for summary judgment in an order marked "Final Disposition" and subsequent reference of the matter to a special referee for a fee hearing "necessarily decided that there was no legal malpractice" (Summit Solomon Feldesman v. Matalon, 216 A.D.2d 91, 92, lv denied 86 N.Y.2d 711). In any event, given defendant's undisturbed conviction in the criminal matter in which he was represented by plaintiff, it is plain that he had no cause of action for legal malpractice against plaintiff (see,Carmel v. Lunney, 70 N.Y.2d 169).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.