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SHIVERS v. FISHMAN

280 A.D.2d 355 (2001)

720 N.Y.S.2d 342

DOLORES SHIVERS, Respondent, v. EDWARD FISHMAN et al., Individually and Doing Business as FISHMAN, MELTZER, MADIGAN & CAMPBELL, Appellants.

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

Decided February 15, 2001.

In order to defeat defendants' summary judgment motion in this legal malpractice action, plaintiff needed to raise a triable issue of material fact that demonstrated that she would have prevailed in the underlying slip and fall action but for defendants' failure to properly commence it (see, Colleran v Rockman, 275 A.D.2d 222; Plentino Realty v Gitomer, 216 A.D.2d 87, lv denied 87...

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