Opinion
February 16, 1999
Appeal from the Supreme Court, Nassau County (Alpert, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
For a defendant in a legal malpractice case to succeed on a motion for summary judgment, evidence must be presented in admissible form establishing that the plaintiff is unable to prove at least one of the three essential elements of a malpractice cause of action (see, Greene v. Payne, Wood Littlejohn, 197 A.D.2d 664; see also, Platt v. Portnoy, 220 A.D.2d 652; Andrews Beverage Distrib. v. Stern, 215 A.D.2d 706; L.I.C. Commercial Corp. v. Rosenthal, 202 A.D.2d 644). Here, the record establishes that the plaintiff ultimately prevailed in a portion of the underlying action based upon the evidence presented to the trial court by the defendants (see, Zarin v. Reid Priest; 184 A.D.2d 385). With respect to the plaintiff's other claims of malpractice, the defendants made a prima facie showing that the plaintiff could not prove that but for any negligence on their part she would have prevailed in the other portions of the underlying action, and the plaintiff failed to submit any evidence to the contrary. Thus, the trial court properly granted the defendants' cross motion for summary judgment dismissing the complaint.
The plaintiff's remaining contentions are without merit.
Mangano, P. J., Sullivan, Joy and Altman, JJ., concur.