Opinion
May 12, 1998
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
Defendant's claims of malpractice, insofar as based on plaintiff's alleged negligence in its representation of defendant in the arbitration, were properly dismissed in -view of the testimony of defendant's successor attorney that he was able to present all of defendant's claims and evidence at the arbitration, negating any claim that the unfavorable result of the arbitration was proximately caused by the alleged negligence ( see, Plentino Realty v. Gitomer, 216 A.D.2d 87, lv denied 87 N.Y.2d 805; Kozmol v. Law Firm of Allen L. Rothenberg, 241 A.D.2d 484). Nor is there merit to defendant's claims of malpractice insofar as based on an alleged conflict of interest, since plaintiff never represented the brokerage firm that took defendant to arbitration for an unpaid margin call, and plaintiff's prior representation of a company whose securities were improperly traded by that brokerage firm and owned by one of plaintiff's partners does not otherwise demonstrate a conflict of interest ( cf., Walker v. Saftler, Saftler Kirschner, 239 A.D.2d 252, 253). Defendant's other claims of breach of contract were properly dismissed as redundant of the inadequate malpractice claim ( see, Schonfeld v. Thompson, 243 A.D.2d 343). We have considered defendant's remaining contentions and find that they lack merit.
Concur — Sullivan, J.P., Nardelli, Williams and Andrias, JJ.