[*1]
David v Mallilo & Grossman
2008 NY Slip Op 51039(U) [19 Misc 3d 142(A)]
Decided on May 23, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 23, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ
570740/07.

Rosalie David and Steven David, Plaintiffs-Respondents- Cross-Appellants,

against

Mallilo & Grossman, Anthony Mallilo, Francesco Pomara, Jr. and Peter Gallanter, Defendants-Appellants- Cross-Respondents.


Defendants appeal from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated September 26, 2007, which granted plaintiffs' motion for partial summary judgment on the issue of negligence and denied defendants' cross motion for summary judgment dismissing the complaint. Plaintiffs cross-appeal from the same order to the extent that it did not grant their motion for summary judgment in its entirety.


Per Curiam.

Order (Manuel J. Mendez, J.), dated September 26, 2007, affirmed, without costs, for the reasons stated by Manuel J. Mendez, J. at Civil Court.

We agree that the record so far developed in this legal malpractice action raises triable issues as to whether plaintiff would have prevailed in the underlying personal injury litigation "but for" defendant's negligence (cf. Nazario v Fortunato & Fortunato, PLLC, 32 AD3d 692 [2006]).

This Constitutes the Decision and Order of the Court.
I concur
Decision Date: May 23, 2008