Sometimes the Appellate Division will opine and give its full reasoning, sometimes not.  In Soubbotin v Joseph Potashnik & Assoc., PLLC  2016 NY Slip Op 02800  Decided on April 13, 2016  Appellate Division, Second Department the AD merely said that an argument put forward by  the attorneys did not even make it to the prima facie stage.

“The plaintiffs commenced this action alleging that the defendants committed legal malpractice by failing to timely request a hearing before an Administrative Law Judge to review certain determinations of the New York State Department of Labor regarding overpayment of unemployment insurance benefits.

The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Contrary to the defendants’ contention, they failed to demonstrate, prima facie, that the acts that they allegedly failed to perform were beyond the scope of the subject retainer agreement (cf. AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 435; DeNatale v Santangelo, 65 AD3d 1006, 1007; Turner v Irving Finkelstein & Meirowitz, 61 AD3d 849, 850). Accordingly, the defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. Thus, the motion was properly denied, regardless of the sufficiency of the opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853).”