• SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
  • Rivera, J.P.; Balkin, Leventhal and Roman, JJ.
JOHN POSTIGLIONE, ap, v. ANTONIO D. CASTRO, ETC. res — (INDEX NO. 51389/11)In an action, inter alia, to recover damages for legal malpractice, breach of contract, and fraud, the plaintiff appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Fitzgerald, J.), dated March 21, 2012, as granted those branches of the defendants' motion pursuant to CPLR 3211(a) which were to dismiss the causes of action alleging breach of contract and fraud, (2) from a decision of the same court dated June 22, 2012, and (3) from an order of the same court dated September 13, 2012, which denied his motion pursuant to CPLR 5015(a) to vacate the order dated March 21, 2012, and pursuant to CPLR 3025(b) for leave to amend the complaint.