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WARSHAW BURSTEIN COHEN SCHLESINGER & KUH, LLP, Plaintiffs-res, v. ERIC A. LONGMIRE, def-ap

10091. WARSHAW BURSTEIN COHEN SCHLESINGER & KUH, LLP, Plaintiffs-res, v. ERIC A. LONGMIRE, def-ap — Schwartz & Ponterio, PLLC, New York (Matthew F. Schwartz of counsel), for ap — Rivkin Radler LLP, Uniondale (Evan H. Krinick of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered April 19, 2012, which granted plaintiff Warshaw Burstein Cohen Schlesinger & Kuh, LLP's (Warshaw) motion to dismiss defendant's counterclaim for legal malpractice pursuant to CPLR 3211(a) (1) and (7), unanimously affirmed, with costs.

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10091. WARSHAW BURSTEIN COHEN SCHLESINGER & KUH, LLP, Plaintiffs-res, v. ERIC A. LONGMIRE, def-ap — Schwartz & Ponterio, PLLC, New York (Matthew F. Schwartz of counsel), for ap — Rivkin Radler LLP, Uniondale (Evan H. Krinick of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered April 19, 2012, which granted plaintiff Warshaw Burstein Cohen Schlesinger & Kuh, LLP’s (Warshaw) motion to dismiss defendant’s counterclaim for legal malpractice pursuant to CPLR 3211(a) (1) and (7), unanimously affirmed, with costs.

In this action seeking attorney’s fees, defendant Eric A. Longmire filed a counterclaim for legal malpractice, alleging that plaintiff negligently failed to pursue a claim of race-based termination, in opposition to a summary judgment motion seeking dismissal of Longmire’s federal employment discrimination lawsuit against his former employer.

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