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BECOVIC v. POISSON & HACKETT

49 A.D.3d 435 (2008)

854 N.Y.S.2d 63

JUSUF BECOVIC et al., Respondents-Appellants, v. POISSON & HACKETT et al., Appellants-Respondents.

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

Decided March 20, 2008.

In this legal malpractice action, plaintiffs are unable to demonstrate that they would have succeeded in the underlying personal injury action "but for" defendants' conduct (see AmBase Corp. v Davis Polk & Wardwell, 8 N.Y.3d 428, 434 [2007]). Contrary to the motion court's conclusion, plaintiffs cannot show that the defendants in the underlying action created the allegedly dangerous condition by an affirmative act of misfeasance...

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