Appellate Division of the Supreme Court of the State of New York November 19, 1998 (Haber v. Kisner)

—Order, Supreme Court, New York County (Carol Huff, J.), entered April 23, 1997, which granted defendant’s motion to dismiss the second cause of action for treble damages under Judiciary Law § 487 for failure to state a cause of action, and order, same court and Justice, entered January 15, 1998, which granted defendant’s motion for summary judgment dismissing the first cause of action for breach