Romanian American Interests, Inc. v. Scher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
In this action, plaintiff seeks to recover damages from its former attorney for legal malpractice arising out of his handling of a prior lawsuit. The primary issue on this appeal concerns which of the two parties bears the burden of proof on the question of the viability of affirmative defenses raised against the plaintiff in the prior action. We turn first to a brief review of the facts.
Plaintiff owned two buildings which were damaged by fire. When its insurance carriers rejected its claims, plaintiff retained defendant as counsel and commenced an action…
2Cases cited10 opinions
- Baker v. BealSupreme Court of Iowa · 1975
- Jenkins v. EtlingerNew York Court of Appeals · 1982
- Winter v. Brown Ex Rel. BrownDistrict of Columbia Court of Appeals · 1976
- Bersani v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1975
- Standard Textile Co. v. National Equipment Rental, Ltd.Appellate Division of the Supreme Court of the State of New York · 1981
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3Cited by15 opinions
- Hochhauser v. Electric InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- IMO Industries Inc. v. Anderson Kill & Olick, P. C.Appellate Division of the Supreme Court of the State of New York · 1999
- Ignotov v. ReiterMichigan Supreme Court · 1986
- Sybron Transition Corp. v. NIXON, HARGRAVEDistrict Court, W.D. New York · 1991
- Morgan v. Valley Prop. & Cas. Ins. Co.Court of Appeals of Oregon · 2017
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