WIENER v. PAZER EPSTEIN PC

570995/11.

37 Misc.3d 87 (2012)

955 N.Y.S.2d 709

2012 NY Slip Op 22277

CHARLES WIENER et al., Appellants, v. PAZER EPSTEIN AND JAFFE, PC, Respondent.

Supreme Court, Appellate Term, First Department.

September 26, 2012.


Attorney(s) appearing for the Case

Ginsberg & Wolf, PC., New York City ( Robert M. Ginsberg of counsel), for appellants.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York City ( Steven Kent of counsel), for respondent.


OPINION OF THE COURT

Per Curiam.

Order, entered September 23, 2011, modified to deny defendant's motion for summary judgment and to reinstate the complaint; as modified, order affirmed, with $10 costs to plaintiffs-appellants.

Plaintiffs' legal malpractice claim is not ripe for summary dismissal since the defendant law firm failed in its burden to demonstrate the absence of a triable issue as to whether plaintiffs would have prevailed to some extent...

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