Patton v. Matusick, Spadafora & Verrastro

*1073Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 2, 2004. The order granted that part of plaintiff’s motion seeking leave to reargue and, upon reargument, adhered to the previous determination.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion and reinstating the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this legal malpractice action alleging that defendant’s failure to commence a timely personal injury action…