Legal Opinion

Cummings v. Donovan

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

Decided January 16, 2007PublishedCited by 8 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated November 28, 2005, as granted those branches of the defendant’s motion which were to dismiss the first, second, third, fifth, and sixth causes of action pursuant to CPLR 3211 (a) (1) and (7).

Ordered that the order is affirmed insofar as appealed from, with costs.

A cause of action to recover damages for legal malpractice requires proof of three elements: (1) that the defendant failed to exercise…

2Cases cited6 opinions

  1. Carmel v. LunneyNew York Court of Appeals · 1987
  2. Britt v. Legal Aid Society, Inc.New York Court of Appeals · 2000
  3. Town of North Hempstead v. Winston & Strawn, LLPAppellate Division of the Supreme Court of the State of New York · 2006
  4. Shivers v. SiegelAppellate Division of the Supreme Court of the State of New York · 2004
  5. Simmons v. EdelsteinAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by8 opinions

  1. Barnett v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2007
  2. Wald v. BerwitzAppellate Division of the Supreme Court of the State of New York · 2009
  3. Turner III v. Irving Finkelstein & Meirowitz, LLPAppellate Division of the Supreme Court of the State of New York · 2009
  4. Dawson v. SchoenbergAppellate Division of the Supreme Court of the State of New York · 2015
  5. 4777 Food Services Corp. v. Anthony P. Gallo, P.C.Appellate Division of the Supreme Court of the State of New York · 2017

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