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Legal Opinion

Elmakies v. Sunshine

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

Decided January 29, 2014PublishedCited by 2 opinions

1Opinion of the Court

The instant action to recover damages for legal malpractice and breach of fiduciary duty was commenced in December 2011. The complaint does not allege when the conduct giving rise to these causes of action occurred.

The defendant Jeffrey Sunshine and his law firm, Jeffrey Sunshine, EC. (hereinafter together the Sunshine defendants), moved, inter alia, pursuant to CFLR 3211 (a) (5) to dismiss the complaint insofar as asserted against them as time-barred. In support of the motion, Sunshine submitted an affidavit stating that his firm “was retained to represent the plaintiff Downstate Elmira…

2Cases cited3 opinions

  1. IDT Corp. v. Morgan Stanley Dean Witter & Co.New York Court of Appeals · 2009
  2. Tsafatinos v. Lee David Auerbach, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Hadda v. Lissner & Lissner LLPAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by2 opinions

  1. Stewart v. BergerAppellate Division of the Supreme Court of the State of New York · 2016
  2. Williams v. GeorgopoulosAppellate Division of the Supreme Court of the State of New York · 2020

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