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LAVIN & KLEIMAN v. J.M. HEINIKE ASSOCS., INC.

221 A.D.2d 919 (1995)

633 N.Y.S.2d 901

Lavin & Kleiman, Respondent-Appellant, v. J.M. Heinike Associates, Inc., Appellant-Respondent

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

November 15, 1995

Order unanimously affirmed without costs.

Memorandum:

County Court properly granted plaintiff summary judgment dismissing the counterclaim for legal malpractice. Plaintiff met its burden of establishing entitlement to judgment in its favor as a matter of law by the submission of evidentiary proof in admissible form. Defendant failed to produce evidentiary proof in admissible form "sufficient to require a trial of any issue of fact" (CPLR 3212 [b]). It is well...

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