Delson & Gordon v. Bayer

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered on or about June 8, 1995, which denied defendants’ motion for summary judgment on their counterclaims for legal malpractice, unanimously affirmed, without costs.

Defendants failed to establish as a matter of law either that plaintiff law firm was negligent in jointly representing them, or that "but for” any such negligence, defendant Dr. Bayer would not have been held financially liable in the underlying Federal action (see, Kaufman & Kaufman v Hoff, 213 AD2d 197, 198). The parties’ sworn affidavits dispute whether…