Opinion
12
January 22, 2002
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about November 9, 2000, which denied defendants-appellants' motion to dismiss the complaint as against them pursuant to CPLR 3211(a)(1) and (7), unanimously affirmed, without costs
SYLVAIN R. JAKABOVICS, for Plaintiff-Respondent,
WENDY BETH SHEPPS and STEWART M. CASPER, for Defendants-Appellants,
Before: Andrias, J.P., Saxe, Buckley, Friedman, Marlow, JJ
Appellants' motion to dismiss was properly denied since the documentary evidence upon which the motion is premised does not establish, as a matter of law, that defendants, plaintiff's attorneys in the underlying action, did not commit actionable malpractice in connection with serving the defendants in that action (see, Ladenburg Thalmann Co., Inc. v. Tim's Amusements, Inc., 275 A.D.2d 243, 246)
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT