Opinion
November 16, 1999
Andrew Lavott Bluestone, for Plaintiff-Respondent.
Jonathan T. Uejio, for Defendant-Appellant
WILLIAMS, J.P., RUBIN, SAXE, FRIEDMAN, JJ.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about December 9, 1998, which, insofar as appealed from, denied defendant-appellant's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
In this legal malpractice action, factual issues exist as to whether "but for" the law firm's negligence, plaintiff would have prevailed in the underlying action (see, Pacesetter Communications Corp. v. Solin Breindel, P.C., 150 A.D.2d 232, 233, lv dismissed 74 N.Y.2d 892). Plaintiff's account of her accident and the surrounding circumstances raised factual issues as to the landowner's liability that were sufficient to preclude summary judgment on her malpractice claim.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.