Kellos v. Sawilowsky

I must respectfully disagree with the majority’s affirmance of the grant of summary judgment to the defendant attorney in the above-captioned case. The majority finds that summary judgment was correctly granted in favor of the defendant attorney based upon the affidavit of the defendant attorney that his conduct was in accordance with the applicable standard of care, skill and diligence because the majority finds the affidavit submitted on behalf of the plaintiffs to be insufficient. In so deciding, the majority states that “ [t] he appellants’] expert evidence did not create an issue of fact…