Gotay v. Breitbart

*274Order, Supreme Court, New York County (Joan A. Madden, J.), entered September 25, 2003, which, in an action for legal malpractice and treble damages under Judiciary Law § 487, granted defendants’ motions to dismiss the complaint, unanimously modified, on the law, so as to deny those parts of the motions seeking dismissal of the legal malpractice claims as against defendants Breitbart and Handwerker, Honschke & Marchelos, and otherwise affirmed, without costs.

The underlying action, which alleged that plaintiff sustained injury during her birth in 1977 as a result of medical malpractice, was…