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ORCHARD MOTORCYCLE DISTRIBUTORS, INC. v. MORRISON COHEN SINGER & WEINSTEIN, LLP

49 A.D.3d 292 (2008)

853 N.Y.S.2d 320

ORCHARD MOTORCYCLE DISTRIBUTORS, INC., et al., Appellants, v. MORRISON COHEN SINGER & WEINSTEIN, LLP, Respondent.

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

Decided March 6, 2008.

The expert's affidavit was enough to sustain defendant's prima facie burden on the motion for summary dismissal of the legal malpractice claim, shifting the burden to plaintiffs (see Tanel v Kreitzer & Vogelman, 293 A.D.2d 420, 421-422 [2002]). In opposition, plaintiffs failed to submit their own expert affidavit delineating the appropriate standard of professional care and skill to...

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