Barilla v. Olinsky

—Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in granting plaintiffs motion for summary judgment on the issue of liability in this legal malpractice action and in denying defendant’s cross motion for summary judgment dismissing the complaint. With respect to plaintiff’s motion, plaintiff failed to meet his initial burden of establishing, inter alia, that he would have prevailed in the underlying defamation action if not for the alleged legal malpractice (see, Kaufman & Kaufman v Hoff, 213 AD2d…