Becovic v. Poisson & Hackett

In this legal malpractice action, plaintiffs are unable to demonstrate that they would have succeeded in the underlying personal injury action “but for” defendants’ conduct (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434 [2007]). Contrary to the motion court’s conclusion, plaintiffs cannot show that the defendants in the underlying action created the allegedly dangerous condition by an affirmative act of misfeasance (see Mercer v City of New York, 88 NY2d 955 [1996]; Kelly v Berberich, 36 AD3d 475, 476-477 [2007]), and the claim that said defendants failed to maintain the garage…