Legal Opinion
In re the Estate of Merker
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 2005PublishedCited by 10 opinions
1Opinion of the Court
Decree, Surrogate’s Court, Bronx County (Lee L. Holzman, S.), entered June 2, 2004, which granted respondent’s cross motion for summary judgment dismissing this proceeding and denied petitioner’s motion for an order directing respondent to pay her $104,000 with interest, unanimously affirmed, with costs.
Petitioner executrix’s claims, whether seeking a refund for legal fees paid to respondent as attorney for the estate (SCPA 2110 [3]) or damages for legal malpractice, were time-barred (CPLR 214 [2], [6]). Respondent made a prima facie showing that the statute of limitations expired…
2Cases cited5 opinions
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Santulli v. Englert, Reilly & McHugh, P. C.New York Court of Appeals · 1992
- Muller v. SturmanAppellate Division of the Supreme Court of the State of New York · 1981
- Piliero v. Adler & StavrosAppellate Division of the Supreme Court of the State of New York · 2001
- CLP Leasing Co., LP v. NessenAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by10 opinions
- AQ Asset Management, LLC v. LevineAppellate Division of the Supreme Court of the State of New York · 2014
- Hadda v. Lissner & Lissner LLPAppellate Division of the Supreme Court of the State of New York · 2012
- Buday v. Gottlieb, Rackman & Reisman, P.C.Appellate Division of the Supreme Court of the State of New York · 2016
- Davis v. Cohen & Gresser, LLPAppellate Division of the Supreme Court of the State of New York · 2018
- Debevoise & Flimpton LLP v. Candlewood Timber Group LLCAppellate Division of the Supreme Court of the State of New York · 2013
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