On March 30, 2023, the First Department issued a decision in Mazzone v. Alonso, Andalkar & Facher, P.C., 2023 NY Slip Op. 01746, holding that a legal malpractice claim could not be decided on summary judgment because of questions of causation, explaining:
Plaintiff’s motion for summary judgment on her legal malpractice cause of action against the AAF defendants should have been denied. Issues of fact exist as to whether, inter alia, AAF’s advice regarding solicitation was reasonable under the circumstances and in harmony with Bessemer Trust Co., N.A. v Branin (16 NY3d 549 [2011]); whether plaintiff has shown the requisite injury, given that she faced greater losses had she been fired by RBC, which would have triggered her obligation to repay a $741,827 loan; whether AAF’s advice was in any event a proximate cause of plaintiff’s injury, given that she is alleged to have disregarded it; and whether Schusterman materially breached their arrangement thereby excusing plaintiff’s continued performance thereunder.
(Internal citations omitted).