KALIMI YOUSIAN v. EISENBERG


34 A.D.3d 228 (2006)

822 N.Y.S.2d 710

YAHYAK KALIMI YOUSIAN et al., Appellants, v. EISENBERG, MARGOLIS, FRIEDMAN & MOSES, et al., Respondents.

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

Decided November 2, 2006.


The evidence was insufficient to raise a triable issue of fact as to whether, but for the alleged legal malpractice, i.e., causing the underlying action for medical malpractice to be struck from the trial calendar and thereafter failing to restore the action, plaintiffs would have been successful in the underlying action. The affidavit of plaintiffs' expert was inadequate to support inculpatory inferences that the complained-of surgery was, as plaintiffs contended, unnecessary...

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