Esposito v. Noto

In an action to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Tolbert, J.), entered November 13, 2012, which granted the defendant’s motion for summary judgment dismissing the amended complaint.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment dismissing the amended complaint is denied, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings on the complaint before a different Justice.

The defendant attorney represented the plaintiffs…