The Appellate Division of the Supreme Court of New York has recently affirmed the dismissal of a legal malpractice claim. In Rodriguez v Jacoby & Meyers, LLP, a client was injured in a rear-end car accident and subsequently retained a lawyer to represent him in a case against the other driver. Several years into the lawsuit, the lawyer filed a motion for summary judgment, seeking to establish liability. The motion was denied and the client then terminated the lawyer. He retained new counsel, who subsequently appealed the denial of the motion.