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FRANKEL v. VERNON & GINSBURG, LLP

8744, 603449/07.

101 A.D.3d 447 (2012)

956 N.Y.S.2d 486

2012 NY Slip Op 8425

ERIC FRANKEL, Respondent, v. VERNON & GINSBURG, LLP, et al., Appellants.

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

December 6, 2012.

The IAS court properly declined to dismiss the legal malpractice cause of action. Defendants failed to sustain their burden on summary judgment of demonstrating that plaintiff would be unable to prove one of the essential elements of his claim (see Sabalza v Salgado, 85 A.D.3d 436 [1st Dept 2011]). On the contrary, the record demonstrated that plaintiff's decedent had viable causes of action for breach of the warranty of habitability...

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