Majority
p. 344Joseph Valvo, Plaintiff, v Getman & Scalise, Defendant and Third-Party Plaintiff-Respondent. Jerome J. Liebman, Third-Party Defendant-Appellant. [749 NYS2d 154]
In an action to recover damages for legal malpractice, the third-party defendant appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered February 8, 2002, which denied his motion for summary judgment dismissing the third-party complaint.
p. 345
Ordered that the order is affirmed, with costs.
There are issues of fact requiring the denial of summary judgment. Florio, J.P., Smith, Friedmann and H. Miller, JJ., concur.