In a short year end decision, no one wins a summary judgment decision. This stand-off clearly favors plaintiff, which now enters the new year with a trial to be had. In Security Plans, Inc. v Harter Secrest & Emery, LLP
2021 NY Slip Op 07382 Decided on December 23, 2021 Appellate Division, Fourth Department told everyone to get ready for a trial.
“Memorandum: Plaintiff commenced this legal malpractice action alleging that defendants were negligent with respect to their representation of plaintiff in certain litigation in federal court. Contrary to plaintiff’s contention on appeal, Supreme Court properly denied that part of its motion seeking summary judgment on liability. Plaintiff did not meet its initial burden of establishing that defendants “failed to exercise that degree of care, skill, and diligence commonly possessed and exercised by a member of the legal community” (Greene v Payne, Wood & Littlejohn , 197 AD2d 664, 666 [2d Dept 1993]; see Deitz v Kelleher & Flink , 232 AD2d 943, 944 [3d Dept 1996]). Likewise, contrary to defendants’ contention on cross appeal, the court properly denied their cross motion for summary judgment dismissing the amended complaint inasmuch as defendants failed to meet their initial burden (see generally Zuckerman v City of New York , 49 NY2d 557, 562 ). We have reviewed plaintiff’s remaining contentions on appeal and defendants’ remaining contentions on cross appeal and conclude that none warrants reversal or modification of the order.”