PLENTINO REALTY, LTD. v. GITOMER


216 A.D.2d 87 (1990)

628 N.Y.S.2d 75

Plentino Realty, Ltd., Respondent, v. Shirley Gitomer et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 27, 1990


Plaintiff's opposition to the motion lacks evidentiary facts and is based simply on conclusory allegations, which are insufficient to defeat a motion for summary judgment (Rotuba Extruders v Ceppos, 46 N.Y.2d 223, 231).

The tripartite test governing the establishment of a prima facie case for legal malpractice includes sufficient allegations "that the attorneys were negligent, that...

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