Appellate Division of the Supreme Court of the State of New York May 17, 2001 (Chapman v. Capoccia)

—Mugglin, J.

Appeal from an order of the Supreme Court (Viscardi, J.), entered December 27, 1999 in Washington County, upon a dismissal of the complaint at the close of evidence.

Defendants do not dispute that they were retained by plaintiff to institute an action for injuries that he sustained in an automobile accident which occurred March 26, 1987.