Appellate Division of the Supreme Court of the State of New York November 20, 2000 (Duran v. Mendez)

—In an action to recover damages for legal malpractice, the defendant Joseph Greene appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated January 3, 2000, which denied his motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint and all cross claims insofar as asserted against him.