Shivers v. Fishman

—Order, Supreme Court, Bronx County (Janice Bowman, J.), entered August 12, 1999, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, summary judgment granted to defendants and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

In order to defeat defendants’ summary judgment motion in this legal malpractice action, plaintiff needed to raise a triable issue of material fact that demonstrated that she would have prevailed in the underlying slip and fall…