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AVON DEVELOPMENT ENTERPRISES CORP. v. SAMNICK, ESQ.

286 A.D.2d 581 (2001)

730 N.Y.S.2d 295

AVON DEVELOPMENT ENTERPRISES CORP. et al., Appellants, v. ROBERT L. SAMNICK, ESQ., Respondent.

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

Decided September 6, 2001.

The motion court improperly denied plaintiffs' motion for partial summary judgment on the ground that plaintiffs could not establish that they would have been successful in the underlying action but for defendant attorney's failure to prepare an answer on their behalf. "To prevail in an action for legal malpractice, the plaintiff must show that the attorney was negligent and that `but for' the attorney's negligence the plaintiff...

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