Fountain v. Ferrara

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered June 11, 2013, which, to the extent appealed from, denied so much of defendants’ motion for summary judgment as sought dismissal of plaintiff’s claim for legal malpractice, unanimously affirmed, without costs.

Plaintiff’s deposition testimony that he was employed by a nursing home in 1998 when he was arrested, together with his bill of particulars, were sufficient to raise a triable issue of fact as to whether he sustained pecuniary losses resulting from the alleged legal malpractice (see D’Agrosa v Newsday, Inc., 158 AD2d…