Legal Opinion

Malarkey v. Piel

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 2004PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for legal malpractice and breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Murphy, J.), entered February 11, 2003, which, upon an order of the same court entered January 13, 2003, granting the defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the plaintiffs cause of action to recover damages for legal malpractice based upon documentary evidence that conclusively…

2Cases cited4 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Keselman v. Kingsboro Medical GroupAppellate Division of the Supreme Court of the State of New York · 1989
  3. Laruccia v. Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLPAppellate Division of the Supreme Court of the State of New York · 2002
  4. Schwarz v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by8 opinions

  1. Conklin v. OwenAppellate Division of the Supreme Court of the State of New York · 2010
  2. Burgos v. New York Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2017
  3. Rudovic v. RudovicAppellate Division of the Supreme Court of the State of New York · 2015
  4. Steven L. Levitt & Associates, P.C. v. BalkinAppellate Division of the Supreme Court of the State of New York · 2008
  5. Vaughns v. KirklandAppellate Division of the Supreme Court of the State of New York · 2011

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