| Silva v Worby, Groner, Edelman, LLP |
| 2008 NY Slip Op 07071 [54 AD3d 634] |
| September 25, 2008 |
| Appellate Division, First Department |
| Doris Silva, as Administratrix of the Estate of Annette Medina,Deceased, Appellant, v Worby, Groner, Edelman, LLP, et al.,Respondents. |
—[*1] Steinberg & Cavaliere, LLP, White Plains (Neil W. Silberblatt of counsel), forrespondents.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or aboutOctober 15, 2007, which granted defendants' motion for summary judgment dismissing thecomplaint, unanimously reversed, on the law, without costs, the motion denied and the complaintreinstated.
The conflicting deposition testimony and affidavits submitted by the parties present amaterial issue of fact whether plaintiff instructed defendants to attempt to settle the caseunderlying this legal malpractice action for $1.25 million (see Langhorn v K. Solo Serv.Corp., 302 AD2d 307 [2003]). As the record indicates that defense counsel in the underlyingcase was authorized and prepared to settle that case for the requested amount, a finding thatplaintiff so instructed defendants would show a settlement opportunity lost through theirmalpractice (see Masterson v Clark, 243 AD2d 411 [1997]). Concur—Tom, J.P.,Mazzarelli, Friedman, Williams and Moskowitz, JJ.