Elliott v. Jacobs

—Spain, J.

Appeal from an order of *890the Supreme Court (Harris, J.), entered May 18,1994 in Albany County, which, inter alia, denied defendant’s cross motion to dismiss the complaint.

In April 1984, plaintiff, a physician, retained defendant, an attorney, to represent him in a legal malpractice action against a different attorney who had been hired by plaintiff to represent him in a medical malpractice action. Plaintiff paid defendant a $10,000 retainer fee. Thereafter, although defendant did actually serve a summons and complaint in the malpractice action, plaintiff ultimately terminated the…