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P sued D for malpractice. D was a lawyer and drafted certain sales documents for P that failed to protect P's security interest in the property being sold. There was financial loss to P and P sued D under both contract and tort theories. D moved to dismiss the action related to the tort claim. That motion was denied. D took an interlocutory appeal. The Appeals court reversed; a complaint for lawyer malpractice is cognizable in contract but not in tort. P appealed. The Court affirmed the appeals court and then heard a petition for reargument; the case was reargued.

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