The following e-filed documents, listed by NYSCEF document number (Motion 001) 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72 were read on this motion to/for VACATE/STRIKE — NOTE OF ISSUE/JURY DEMAND/FROM TRIAL CALENDAR. DECISION + ORDER ON MOTION This legal malpractice action arises from legal services provided to plaintiffs Bruce J. Ressler (Ressler) and Ellen R. Werther a/k/a Ellen Werther Ressler (together, plaintiffs) by defendants Farrell Fritz, P.C. (Farrell Fritz), Anthony S. Guardino (Guardino) and Philip A. Butler (Butler) (collectively, defendants). In motion sequence no. 001, defendants move, pursuant to CPLR 3402 and Uniform Rules for Trial Courts (22 NYCRR) §202.21 (e), to vacate the note of issue and strike the action from the trial calendar. Plaintiff’s cross-move for leave to amend the complaint under CPLR 3025 and for partial summary judgment on the issue of defendants’ negligence under CPLR 3212. FACTUAL BACKGROUND Plaintiffs own residential real property located at 201 Pennant Walk, Saltaire, New York 11706 (the Property) (NYSCEF Doc No. 23, Kimberly Johnson Glenn [Glenn] affirmation, Ex 1, 12). Nonparty Village People, LLC (Village People) owns four parcels of land located at 201 and 203 Richards Walk and 200 and 202 Pennant Walk that abut the Property (NYCSEF Doc No. 40, Ressler aff, Ex 4 at 107; NYSCEF Doc No. 36, Ressler aff, 4). On August 28, 2017, the New York State Department of Environmental Conservation (the DEC) issued four tidal wetlands permits to Village People to develop the parcels (NYSCEF Doc No. 40 at 12). Plaintiffs claimed that the proposed development would substantially harm their Property (NYSCEF Doc No. 36, 4). On September 19, 2018, plaintiffs executed an engagement letter (the Engagement Letter) retaining Farrell Fritz to represent them “in connection with the commencement of an action against Village People LLC, and its principal, John Zaccaro, Jr. asserting possible adverse possession and other claims relating to real property located at Pennant Walk” (NYSCEF Doc No. 39, Ressler aff, Ex 3 at 1; NYSCEF Doc No. 71, defendants’ counterstatement of material facts,
6-7). Guardino is a partner and Butler is an attorney at Farrell Fritz (NYSCEF Doc No. 71,
