23 Realty Associates v. Zack

—Order, Supreme Court, New York County (Emily Goodman, J.), entered March 13, 1997, which denied the respective motions of the parties for summary judgment, unanimously modified, on the law, to the extent of granting defendant’s motion for summary judgment dismissing the complaint, and otherwise affirmed, with costs. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

In order to prevail on a cause of action for legal malpractice based on an attorney’s failure to submit an affidavit with personal knowledge in opposition to a motion for summary judgment, a…