Opinion
No. 2006-11496.
June 19, 2007.
In an action to recover damages for legal malpractice, the defendant Birbrower, Montalbano, Condon Frank, P.C., now known as Montalbano, Condon Frank, P.C., appeals from an order of the Supreme Court, Rockland County (Liebowitz, J.), dated November 21, 2006, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Steinberg Cavaliere, LLP, White Plains, N.Y. (Neil W. Silberblatt of counsel), for appellant.
Stein Riso Mantel, LLP, New York, N.Y. (Gerard A. Riso and George L. Schwab of counsel), for respondents.
Before: Spolzino, J.P., Ritter, Lifson and Angiolillo, JJ.
Ordered that the order is affirmed, with costs.
The defendant Birbrower, Montalbano, Condon Frank, P.C., now known as Montalbano, Condon Frank, P.C. (hereinafter BMC F) established its entitlement to judgment as a matter of law that no attorney-client relationship existed between it and the plaintiffs with regard to the plaintiffs' brother's estate ( see Carlos v Lovett Gould, 29 AD3d 847; Volpe v Canfield, 237 AD2d 282; DeFalco v Cutaia, 236 AD2d 358; McGlynn v Gurda, 184 AD2d 980).
In response, however, the plaintiffs raised triable issues of fact as to whether the defendant Kevin Hobbs was, or appeared to be, a member of BMC F when he advised the plaintiffs in that matter ( see Tropp v Lumer, 23 AD3d 550, 551; John Grace Co. v Tunstead, Schechter Torre, 186 AD2d 15; Gardner v Jacon, 148 AD2d 794). Summary judgment was therefore properly denied.
The remaining contentions of BMC F are without merit.