The case of Orchard Motorcycle Distributors v. Morrison Cohen shows just how easy it is to lose a motion for summary judgment, and not on the merits, either.

1.  Plaintiff did not submit an expert’s affidavit in opposition to an expert’s affidavit.  Fatal mistake.

2. Plaintiff did not deal with the collateral estoppel issue of Bankruptcy Court’s grant of legal fees. Fatal mistake 2.

3.  Plaintiff did not deal with the central issue of the case…how did the malpractice cause the result.