Gerard Lollo & Sons, Inc. v. Stern
Opinion of the Court
In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated January 4, 1989, which denied his motion for summary judgment.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant’s contentions, the Supreme Court properly denied his motion for summary judgment dismissing the instant action for legal malpractice. In support of his motion to dismiss, the defendant argued that the plaintiff could not prevail on its legal malpractice claim, since the underlying contract action, which the defendant had been retained to prosecute, was lacking in merit as a matter of law. We disagree and conclude that questions of fact exist with respect to the potential merit of the underlying action (see, Pacesetter Communications Corp. v Solin & Breindel, 150 AD2d 232, 233; Mendoza v Schlossman, 87 AD2d 606, 607; see also, Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 42; Carmel v Lunney, 70 NY2d 169, 173; Stroock, Stroock & Lavan v Beltramini, 157 AD2d 590, 591).
More specifically, the record reveals that questions of fact exist, inter alia, with regard to whether a supplier’s letter containing price quotations relating to a specified construction project constituted a bona fide offer giving rise to a binding contract. Notably, it has been held that "whether a price quote may be considered an offer in any given case is a question of fact dependent on the nature of the particular acts
We have reviewed the defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Lawrence, Kunzeman and Rosenblatt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.