Caires v. Siben & Siben

*384In an action to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Burke, J.), dated January 8, 2003, which granted the defendant’s motion for summary judgment dismissing the complaint and denied their cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiffs contend that the defendant, the plaintiffs’ counsel in a prior lawsuit to recover damages for personal injuries, committed legal malpractice by failing to submit expert evidence in opposition to a motion for summary judgment.

To establish…