Wiener v. Pazer Epstein & Jaffe, PC

OPINION OF THE COURT

Order, entered September 23, 2011, modified to deny defendant’s motion for summary judgment and to reinstate the complaint; as modified, order affirmed, with $10 costs to plaintiffs-appellants.

Plaintiffs’ legal malpractice claim is not ripe for summary dismissal since the defendant law firm failed in its burden to demonstrate the absence of a triable issue as to whether plaintiffs would have prevailed to some extent in the underlying action but for defendant’s alleged malpractice (see Cruz v Durst Law Firm, 273 AD2d 120 [2000]), i.e., failing in the underlying action to…