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LEONID LEVIT, Appellant, v. ALLSTATE INSURANCE COMPANY et al., Respondents. (And a Third-Party Action.).

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The defendants established their prima facie entitlement to summary judgment dismissing the complaint ( see Alvarez v. Prospect Hosp., 68 NY2d 320; Zuckerman v. City of New York, 49 NY2d 557). In opposition, the plaintiff failed to raise a triable issue of fact as to whether the defendant Allstate Insurance Company acted in bad faith in refusing to settle the underlying personal injury action ( see Pavia v. State Farm Mut. Auto. Ins. Co., 82 NY2d 445; Gordon v. Nationwide Mut. Ins. Co., 30 NY2d 427, cert denied 410 US 931; Vecchione v. Amica Mut. Ins. Co., 274 AD2d 576) and failed to raise a triable issue of fact with respect to the cause of action to recover damages for legal malpractice against the remaining defendants ( see Allen v. Potruch, 282 AD2d 484; Lauer v. Rapp, 190 AD2d 778; Murphy v. Stein, 156 AD2d 546).

The plaintiff's remaining contentions are without merit.

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LEVIT v. ALLSTATE INSURANCE COMPANY
(Jul 19, 2004)