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SHERMAN v. ANSELL

207 A.D.2d 537 (1994)

616 N.Y.S.2d 90

Barbara Sherman, Respondent, v. Alan P. Ansell et al., Defendants, and Diane C. Carroll, Defendant and Third-Party Plaintiff-Appellant. Joseph A. Milligan, Third-Party Defendant-Respondent

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

August 29, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

Because the issue of whether an attorney's conduct constitutes legal malpractice normally requires that factual determinations be made by a jury based upon expert testimony (see, Drab v Baum, 114 A.D.2d 992), the defendant third-party plaintiff's motion for summary judgment was properly denied.

There is no merit to the appellant's claim...

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