—[*1] Jaroslawicz & Jaros LLC, New York (David Tolchin of counsel), for appellant.

L'Abbate, Balkan, Colavita & Contini, L.L.P., Garden City (William T. McCaffery of counsel), for respondents.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 14, 2010, which, in an action for legal malpractice and treble damages under Judiciary Law § 487, granted defendants' motion to dismiss the complaint based on documentary evidence and for failure to state a cause of action, unanimously affirmed, without costs.

The motion court properly determined that plaintiff failed to state a cause of action for legal malpractice. The documentary evidence established that plaintiff's successor counsel had sufficient time and opportunity to adequately protect plaintiff's rights. Indeed, plaintiff's English counsel timely commenced a lawsuit in England based on the underlying motor vehicle accident that occurred in England. Accordingly, defendants' alleged negligence cannot be considered a proximate cause of plaintiff's alleged injury (see Somma v Dansker & Aspromonte Assoc., 44 AD3d 376 [2007]).

The court also properly dismissed plaintiff's claim under Judiciary Law § 487. Plaintiff's allegations of deceit are belied by the record, and she failed to allege that she sustained damages as a result of defendants' conduct (see Havell v Islam, 292 AD2d 210 [2002]).

We have considered plaintiff's remaining arguments and find them unavailing. Concur—Tom, J.P., Sweeny, Catterson, Acosta and Manzanet-Daniels, JJ.