Opinion
570740/07.
Decided May 23, 2008.
Defendants appeal from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated September 26, 2007, which granted plaintiffs' motion for partial summary judgment on the issue of negligence and denied defendants' cross motion for summary judgment dismissing the complaint. Plaintiffs cross-appeal from the same order to the extent that it did not grant their motion for summary judgment in its entirety.
Order (Manuel J. Mendez, J.), dated September 26, 2007, affirmed, without costs, for the reasons stated by Manuel J. Mendez, J. at Civil Court.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
We agree that the record so far developed in this legal malpractice action raises triable issues as to whether plaintiff would have prevailed in the underlying personal injury litigation "but for" defendant's negligence ( cf. Nazario v Fortunato Fortunato, PLLC, 32 AD3d 692 [2006]).
This Constitutes the Decision and Order of the Court.
I concur