AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ANTHONY FASANELLA, Appellant, v. JOSEPH A. LEVY et al., Respondents.

Ordered that the order is affirmed, with costs to the respondents Bruce S. Reznick and Bruce S. Reznick, P.C.

To successfully move for summary judgment dismissing a complaint in an action to recover damages for legal malpractice, a defendant must present evidence in admissible form establishing that the plaintiff is unable to prove at least one essential element ( see Pistilli v. Gandin, 10 AD3d 353; Crawford v. McBride, 303 AD2d 442). The defendants met their respective burdens of establishing entitlement to judgment as a matter of law by demonstrating that the plaintiff would be unable to prove that, but for any negligence on their part, he would have prevailed in the underlying action to recover damages for personal injuries ( see Crawford v. McBride, supra). The plaintiff, in opposition, failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the separate motions of the defendants Bruce S. Reznick and Bruce S. Reznick, P.C., and the defendant Joseph A. Levy, for summary judgment dismissing the complaint insofar as asserted against them.

Use AI to get other relevant cases.

Comments

FASANELLA v. LEVY
(Mar 21, 2006)