AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

TERESA MAKSIMIAK, Appellant, v. SCHWARTZAPFEL NOVICK TRUHOWSKY MARCUS, P.C., et al., Respondents.

The motion court properly determined that plaintiff failed to state a cause of action for legal malpractice. The documentary evidence established that plaintiffs successor counsel had sufficient time and opportunity to adequately protect plaintiffs rights. Indeed, plaintiffs English counsel timely commenced a lawsuit in England based on the underlying motor vehicle accident that occurred in England. Accordingly, defendants' alleged negligence cannot be considered a proximate cause of plaintiffs alleged injury ( see Somma v Dansker Aspromonte Assoc, 44 AD3d 376).

The court also properly dismissed plaintiffs claim under Judiciary Law § 487. Plaintiffs allegations of deceit are belied by the record, and she failed to allege that she sustained damages as a result of defendants' conduct ( see Havell v Islam, 292 AD2d 210).

We have considered plaintiffs remaining arguments and find them unavailing.

Use AI to get other relevant cases.

Comments

MAKSIMIAK v. NOVICK TRUHOWSKY MARCUS
(Mar 29, 2011)