Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered March 4, 2005 in a legal malpractice action. The order, among other things, granted in part defendants’ motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion with respect to the underlying tachycardia claim and reinstating that claim and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action to recover damages for defendants’ alleged legal malpractice in representing her in an action to recover for injuries she allegedly sustained based on the application of toxic substances, including pesticides, on her lawn. We conclude that Supreme Court erred in granting that part of defendants’ motion for summary judgment dismissing the complaint with respect to plaintiffs underlying tachycardia claim, and we therefore modify the order accordingly. “In order to establish their entitlement to judgment as a matter of law, defendants had to present evidence in admissible form establishing that plaintiff! ] [is] unable to prove
