A woman's legal malpractice case against a personal injury firm should go forward after the firm's expert failed to address the basis of the woman's claim and ignored her testimony at trial, a state appeals court ruled Tuesday.

A panel of the Appellate Division, First Department, affirmed a 2016 denial of Greenstein & Milbauer's summary judgment motion, saying it failed to meet its prima facie burden.

“The firm's legal expert did not address the stated basis for plaintiff's legal malpractice claim, ignored her testimony as to the nature of pre-settlement discussions with her attorney and misstated that attorney's testimony,” the panel said in Polanco v. Greenstein & Milbauer, 309653/10.