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ARACELIS POLANCO, plf-res, v. GREENSTEIN & MILBAUER, LLP, def-ap

3949. ARACELIS POLANCO, plf-res, v. GREENSTEIN & MILBAUER, LLP, def-ap — Winget, Spadafora & Schwartzberg, LLP, New York (Kenneth A. McLellan of counsel), for ap — Robert G. Spevack, New York, for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson Jr., J.), entered April 5, 2016, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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3949. ARACELIS POLANCO, plf-res, v. GREENSTEIN & MILBAUER, LLP, def-ap — Winget, Spadafora & Schwartzberg, LLP, New York (Kenneth A. McLellan of counsel), for ap — Robert G. Spevack, New York, for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson Jr., J.), entered April 5, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

On a prior appeal, this Court reversed the grant of defendant’s motion to dismiss, finding that the allegation “that defendant was negligent in urging her to settle the underlying personal injury action and in advising her that an MRI was not necessary and that its results would not lead to a more favorable outcome of her case,” supported a cause of action for legal malpractice (96 AD3d 438, 439 [1st Dept 2012]).

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