Rodriguez v. Killerlane

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered on or about March 9, 2007, which, in an action for legal *421malpractice, insofar as appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint, and granted plaintiffs cross motion for summary judgment on the issue of liability, unanimously modified, on the law, to deny plaintiffs cross motion, and otherwise affirmed, without costs.

It appears that defendant allowed a year to pass without moving for a default judgment against the defendants in the underlying action,…