Here is a case from the 2d Department in which plaintiff was represented by defendant attorneys in an EEOC suit.  She lost at the administative lefel, and her legal malpractice suit alleged that defendants did not appeal from that original dismissal, committing malpractice.  Their motion for summary judgment failed.Lamanna v Pearson & Shapiro ,2007 NY Slip Op 06956 , Decided on September 25, 2007 ,Appellate Division, Second Department

"The plaintiff alleges, inter alia, that [*2]the defendants failed to take an administrative appeal from an adverse determination of the Equal Employment Opportunity Commission (hereinafter the EEOC) made in a proceeding they commenced on her behalf and that but for their negligence, she would have prevailed on her administrative appeal or would have been successful in pursuing her discrimination claims in Federal court. In support of their motion, the defendants failed to proffer sufficient evidence to establish, prima facie, that the plaintiff would not have been successful in an appeal from the EEOC determination or that they had properly preserved her right to seek review of her claims in Federal court.

The defendants’ failure to make a prima facie showing required the denial of the motion, regardless of the sufficiency of the opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). Accordingly, the motion for summary judgment was properly denied (see Suydam v O’Neill, 276 AD2d 549, 550). "