Practice point: In a legal malpractice action, an attorney's affirmation may suffice as expert opinion as to the adequacy of professional services.
Students should note that to succeed on a motion to dismiss, defendant must establish that plaintiff cannot prove at least one essential element of the cause of action.
Case: Scartozzi v. Potruch, NY Slip Op 03102 (2d Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
