Successful So Far in Legal Malpractice
It's not possible to predict how an appellate court will decide summary judgment motions. All know the standard. Interpretation of the arguments varies from panel to panel.
Here is a recently decided legal malpractice summary judgment and appeal . Hamilton Duffy-Duncan, Plaintiff-Respondent, v Berns & Castro, et al., Defendants-Appellants.
2235, 27619/03 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
2007 NY Slip Op 9493;
The salient facts are a slip and fall on a patch of ice on an elevated outdoor subway platform. The attorney failed to serve a timely notice of claim. Here, the AD determined that defendants had not demonstrated that a storm condition would have provided a defense, or that the TA might have defended on the issue of notice. "The lack of discovery" here was held against the attorneys, not the plaintiff. This is not always the case.