Garguilo v. Schunk

— Appeal from an order of the Supreme Court in favor of the plaintiff, entered July 28, 1976 in Albany County, which granted a motion by defendant at the close of the plaintiff’s case to dismiss the complaint by reason of the failure of the plaintiff to make out a prima facie case. This action arises out of the alleged malpractice of the defendant, an attorney who was retained by the plaintiff, to defend an action brought against the plaintiff by Robert Kirkpatrick, individually and on behalf of Ulster Erectors, Inc. On May 29, 1973 a default judgment was entered by Kirkpatrick against the…