Opinion
Argued April 16, 2001.
August 20, 2001.
In two related actions to recover damages for legal malpractice, the defendants in Action No. 1 appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Cowhey, J.), entered March 15, 2000, as denied their motion for summary judgment dismissing the complaint in that action.
Drake, Sommers, Loeb, Tarshis Catania, PLLC, Newburgh, N Y (Bernard J. Sommers and Stephen J. Gaba of counsel), for appellants.
Belair Evans, LLP, New York, N.Y. (Raymond W. Belair and Andrew R. Leder of counsel), for respondent.
Steinberg Cavaliere, LLP, White Plains, N.Y. (Ronald W. Weiner of counsel), for defendants in Action No. 2.
Before: Gabriel M. Krausman, J.P., Howard Miller, Robert W. Schmidt, Stephen G. Crane, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the appellants' motion for summary judgment, since they did not establish that the plaintiff would be unable to prove the essential elements of a legal malpractice claim (see, Schauer v. Joyce, 54 N.Y.2d 1, 6; Shopsin v. Siben Siben, 268 A.D.2d 578; Lanoce v. Anderson, Banks, Curran Donoghue, 259 A.D.2d 965).