Appellate Division Courthouse of New York State in Manhattan, New York City, home of the First Department of the Appellate Division (Photo: Wikipedia)
A legal malpractice lawsuit lodged by a personal injury defendant against its legal counsel, alleging that the firm failed to tell it about evidence that would have triggered it timely notifying its excess insurance carrier, cannot be won on summary judgment, a state appeals court has decided.
Issues of fact related to possible malpractice remain, and therefore summary judgment is not in order, an Appellate Division, First Department, panel ruled Tuesday.
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