Kolyer v Sallah 2026 NY Slip Op 04287 July 8, 2026 Appellate Division, Second Department is one of those cases from the Second Department that is a little short on description and requires reading between the lines. What the evidence of departures in handling of the spouses’ QDRO or division of a pension might have been remains unsaid.
“In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Maureen T. Liccione, J.), dated September 20, 2024. The order granted the defendants’ motion pursuant to CPLR 3211(a) to dismiss the complaint.
ORDERED that the order is affirmed, with costs.”
“Here, the Supreme Court properly determined that dismissal of the complaint was warranted pursuant to CPLR 3211(a)(7), on the ground of failure to state a cause of action. The plaintiff’s allegation that she would have received a larger amount of her former husband’s disability pension but for the defendants’ negligence was conclusory and speculative under the circumstances and in light of the evidentiary material submitted and considered on the defendants’ motion (see York v Frank, 209 AD3d 804, 807; Denisco v Uysal, 195 AD3d 989, 991; Maroulis v Sari M. Friedman, P.C., 153 AD3d at 1252).”
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